Imágenes de páginas
PDF
EPUB

66

when the licensee is designated if the transferee is approved by the authorizing belligerent. The terra pass " is now frequently used instead of the older term passport," and likewise the word "permit." The word pass" being used for a general permission to do certain things, the word." permit " being used like the word "safe-conduct," to signify permission to do a particular thing.

280. May be revoked.-Passports and safe-conducts may be revoked by the commander issuing them or by his superiors for reasons of military expediency, but, until revoked, they are binding upon grantors and their successors. When a time is specified in the document it is valid only during such time. These documents should not be revoked for the purpose of securing the persons of the holders who should be given time to withdraw in safety; in case of violation of their terms the privilege will be withdrawn and the case investigated. They are valid in the district of the commander who grants them only. 1 See Land Warfare, Opp., art. 334. Spaight, War Rights on Land, p. 230.

281. Licenses to trade.-Licenses to trade are general and special. A general license relaxes the exercise of the rights of war, generally or partially, in relation to any community or individuals liable to be affected by their operation. A special license is one given to individuals for a particular voyage or journey for the importation or exportation of particular goods.'

1 Licenses to trade must, as a general rule, emanate from the supreme authority of the State. In certain exceptional cases the governor of a province, the general of an army, or the admiral of a fleet, may grant licenses to trade within the limits of their commands.

As to licenses to trade see the following cases:

The Sea Lion, 5 Wall., 630.

Coppell v. Hall, 7 Wall., 542.

Hamilton v. Dillin, 21 Wall., 73.

U. S. v. One hundred barrels of cement, 27 Fed. Cases, 292.
Dig. Int. Law, Moore, sec. 1141.

282. Safeguard.-A safeguard is a detachment of soldiers posted or detailed by a commander of troops for the purpose of protecting some person or persons, or a particular village, building, or other property. The term "safeguard is also used to designate a written order by a commander of belligerent forces for the protection of an enemy subject or enemy property. It is usually directed to the succeeding commander requesting the grant of protection to such individuals or property.1

1 The object of a safeguard is usually to protect museums, historic monuments, etc. A case of this which caused much discussion was the action of Gen. McClellan in placing a safeguard over the residence of Mrs. R. E. Lee in 1862. McClellan's Own Story, p. 360; Spaight, War

Rights on Land, p. 231.

The French call the first kind vive and the second mort. "It is called dead (mort) or alive (vive) according to whether it consists

in the simple posting of a notice showing the protection given to the establishment or, when, in order to insure the efficacy of the exemption accorded, there is placed over it a body of troops charged with enforcing the order.' Les Lois, Jacomet, art. 139.

99

283. Inviolability of soldiers as safeguards.—Soldiers on duty as safeguards are guaranteed against the application of the laws of war; and it is customary to send them back to their army when the locality is occupied by the enemy, together with their baggage and arms, as soon as military exigencies permit.'

1" Enemy safeguards which have been posted without previous arrangement ought, nevertheless, to be treated in the same way, provided that the circumstances of the case prove that their posting was bona fide." Land Warfare, Opp., par. 336.

284. Cartels. In the customary military sense a cartel is an agreement entered into by belligerents for the exchange of prisoners of war. In its broader sense it is a convention concluded between belligerents for the purpose of arranging or regulating certain kinds of non-hostile intercourse otherwise prohibited by the existence of the war. A cartel is voidable as soon as either party has violated it."

1 "A cartel ship is a vessel engaged in the exchange of prisoners or in carrying official communications to the enemy. Such a ship is considered inviolable, but must not engage in hostilities or carry any im plements of war except a signal gun." Land Warfare, Opp., par. 239.

United States v. Wright, 28 Fed. Cas., 796. Both belligerents are bound to observe the terms of the cartel, and they "are of such force under the law of nations that even the sovereign can not annul them." a Vide G. O. 100, 1863, art. 109.

FORM OF PASSPORT.

APPENDIX.

(Place and date of issue.)

Authority is hereby granted to Mr. (or other title)

living at (if on a mission, state the same), to pass out of the lines for the purpose of (state object of journey)

He will cross the lines by the road from A to B (or at a designated point) during the (forenoon, after

noon, or day) of

(date).

He is authorized to take with him

sons, articles, carriages, etc.).

(per

He will proceed to (name destination) by the route C. D. E.

Photograph or

finger print

or signature.

(Signature of officer.)

(Rank, etc.)

NOTE. This passport is strictly personal and will be void unless used on the date stated.

NOTE.-Blank forms for these should be issued at the commencement of hostilities. A photograph should be attached where the pass is for an extended period. A finger print or signature can be substi

tuted if desired.

In making application for a passport from the State Department, the applicant must make affidavit containing statement of his citizenship, residence, occupation, destination, and object of journey, and to which an oath of allegiance is attached. Attached is a description of the applicant and identification with address of witness testifying to applicant's identify. (This is or has been waived in certain cases.)

SAFE CONDUCT.

Photograph.

[ocr errors]

(Place and date of issue.) residing at__.

(or if on a mission, the mission to be stated) is authorized to proceed to-

the purpose of

He will follow the route A. B. C..

for

He is authorized to take with him (persons, articles, vehicles). This safe conduct is good until__

All military authorities are directed to protect the bearer of this safe conduct and in nowise to molest him.

(Signature of officer.)

(Rank, etc.)

NOTE. This safe conduct is strictly personal and shall be void unless used within the time fixed.

FORMS OF SAFEGUARD.

(Date and place of issue.)

(Name the army

All officers and enlisted men belonging to the....

or subdivision thereof.)

__situated at..

are directed to respect the premises of

No requisitions thereon, nor damage thereto, will be permitted, and protection will be afforded by all officers and enlisted men against any person who shall attempt to act in violation of this order.

(Signature of officer.)

(Rank, etc.)

The following form was prescribed by Gen. Scott in Mexico:

SAFEGUARD.

By authority of Major Gen._____ (or Brigadier Gen.‒‒‒‒‒‒‒). The person, the property, and the family of-----

(or such

a college, and the persons and things belonging to it; such mill, etc.), are placed under the safeguard of the United States. To offer any violence or injury to them is expressly forbidden; ou the contrary, it is ordered that safety and protection be given to him or them in case of need. Done at the headquarters of__

18--.

_this___

-day of

1 Forms for safeguards ought to be printed in blank, headed by the article of war relative thereto, and held ready to be filled up, as occasions may offer. A duplicate, etc., in each case might be affixed to the houses or edifices to which they relate.

57th Article of War: Whosoever, belonging to the armies of the United States in foreign parts, or at any place within the United States or their Territories, during rebellion against the supreme authority of the United States, forces a safeguard shall suffer death.

63rd Article of War: All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of war.

CHAPTER VIII.

MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE.

285. Military occupation.-H. R. Art. XLII. Territory is considered occupied when it is actually placed under the authority of the hostile army.

The occupation extends only to the territory where such authority has been established and can be exercised.

286. Occupation question of fact.-Military occupation is a question of fact. It presupposes a hostile invasion as a result of which the invader has rendered the invaded Government incapable of publicly exercising its authority, and that the invader is in position to substitute and has substituted his own authority for that of the legitimate Government in the territory invaded.1

1 Thirty Hogshead of Sugar v. Boyle, 9 Cranch, 191: "Some doubt has been suggested whether Santa Cruz, while in the possession of Great Britain, could properly be considered as a British island. But for this doubt there can be no foundation. Although acquisitions made during war are not considered as permanent until confirmed by treaty, yet to every commercial and belligerent purpose, they are considered as part of the domain of the conqueror, so long as he retains the possession and government of them."

287. Does not transfer sovereignty.-Being an incident of war, military occupation confers upon the invading force the right to exercise control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty.' The exercise of these rights results from the established power of the occupant and is considered legitimate by reason of the necessity for maintaining law and order, indispensable for both the inhabitants and for the occupying force.2

1" The territory of Castine, by the conquest and occupation by Great Britain, passed under the temporary allegiance and sovereignty of the British sovereign. The sovereignty of the United States over the territory was suspended during such occupation, so that the laws of the United States could not be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors." United States v. Rice, 4 Wheat., 246; United States v. Hayward, 2 Gallison, 485.

2 In the case of Dooley v. United States, 182 U. S., 222, 231, the court said: "In New Orleans v. Steamship Co., 20 Wall., 393, it was 105

« AnteriorContinuar »