ART. II. The forts and fortifications of Port Arthur, the warships and other craft, including torpedo craft, the arms, the ammunition, the horses, all and every material for warlike use, shall be handed over as they are to the Japanese Army.

ART. III. When the above two articles are agreed to, the following steps shall be taken by way of guaranty, namely, by noon on the 3d instant all garrisons shall be withdrawn from fortifications and forts at I-zu-shan, Hsiao-an-tzu-shan, Ta-antzu-shan, and all the highlands on the southeast of these, and the said fortifications and forts shall be handed over to the Japanese Army.

ART. IV. Should it be recognized that the Russian military or naval forces destroy or take any other steps to alter the condition of the things enumerated in Article II and actually existing at the time of the signature of this agreement, these negotiations shall be broken off and the Japanese Army will break off negotiation and resume freedom of action.

ART. V. The officers of the Russian military and naval forces of Port Arthur shall compile and hand to the Japanese Army maps showing the arrangement of the defenses, the positions of mines and torpedoes or other dangerous objects, as well as lists of the organization of the naval and military forces in Port Arthur, nominal rolls of the military and naval officers, their ranks or grades, similar rolls relating to the warships, lists of the ships of all descriptions and their crews, and tables of the noncombatants, male and female, their nationalities and their occupations.

ART. VI. The arms (including those in the hands of the forces), the ammunition, and all material for war uses (except private property) shall be all left in their present positions. Rules relating to the handing over and receipt of these objects shall be arranged by commissioners from the Russian and Japanese Armies.

ART. VII. The Japanese Army, as an honor to the brave defense made by the Russian Army, will allow the officers of the Russian military and naval forces and the officials attached to the said forces to retain their swords, together with all privately owned articles directly necessary for daily existence. Further, with regard to the said officers, officials, and volunteers, such of them as solemnly pledge themselves in writing, not to bear arms again until the close of the present war, and not to perform any act of whatsoever kind detrimental to the interests of Japan, shall be permitted to return to their country, and one soldier shall be allowed to accompany each officer of the army or navy. These soldiers shall be required to give a similar pledge.

ART. VIII. The disarmed noncommissioned officers and men of the army and navy, as well as of the volunteers, wearing

their uniforms, carrying their tents and all privately owned necessaries of daily life, shall under the command of their respective officers assemble at places indicated by the Japanese Army. The details of this arrangement will be shown by the commissioners of the Japanese Army. · :

> ART. IX. The officials of the sanitary and paymaster's departments of the Russian military and naval forces in Port Arthur shall remain and continue to discharge their duties under the control of the Japanese sanitary and paymaster's departments so long as the Japanese Army deems it necessary for ministering and affording sustenance to the sick, the wounded, and the prisoners.

ART. X. Detailed regulations with reference to the management of the noncombatants, the administration of the town, the performance of financial duties, the transfer of documents relating to these matters, and with reference to the carrying out of the agreement in other respects shall be entered in an appendix to this agreement. Such appendix shall have the force of the agreement itself.

ART. XI. Each of the contracting parties shall receive one copy of this agreement, and it shall become operative from the time of its signature.

ARMISTICES.

256a. Armistice defined.-An armistice is the cessation of active hostilities for a period agreed on between belligerents. It must be agreed upon in writing and duly ratified by the highest authorities of the contending parties.1

1 G. O. 100, 1863, art. 135.

257. Effect of armistice.-H. R. Art XXXVI, An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

258. Nature of.-An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.1

1 G. O. 100, 1863, art. 142. A treaty of peace, after signature, but before ratification, operates as a general armistice. It acts as an armistice if no separate armistice is concluded. Hall, Int. Law, 5th ed., 559. 259. When binding.-An armistice is binding upon the belligerents from the day of the agreed commencement, but the officers of the armies are responsible from the day only when they receive official information of its existence.1

1 G. O. 100, 1863, art. 139.

260. Importance of fixing time of.-In all armistices it is of the utmost importance that the exact moment for the commencement and for the termination of same shall be fixed in, the terms thereof beyond any possibility of mistake or misconception.1

1 Hostile relations are too far-reaching in their results not to furnish cause for complaints, recriminations, and even reprisals in case of violations, or supposed violations, of the time for passing from the actual hostilities to peaceable relations or the reverse. In case of a short armistice, as for a few hours, no difficulty appears. If the term be for a designated number of days, questions arise as to whether the first or last day is inclusive or exclusive. In case an armistice is for an indefinite period, good faith requires that notice must be given of intention to resume hostilities.

A good example of an indefinite period in an armistice which was to terminate upon reasonable notice given by either party is that between Gen. Sherman and Gen. J. E. Johnston near Durham, N. C., in April, 1865. The armistice agreed upon was disapproved at Washington as containing political stipulations, whereupon Gen. Sherman was instructed to notify Gen. Johnston of the termination of the armistice and to resume hostilities "at the earliest moment, acting in good faith." Whereupon Sherman sent the following notice to Johnston:

"You will take notice that the truce or suspension of hostilities agreed to between us will cease in 48 hours after this is received in your lines, under the first of the articles of agreement." (Sherman's memoirs, pp. 346, 358, 367.)

261. What may be done during an armistice. An armistice need not in terms prohibit actual hostilities. Anything else may be done during an armistice that is not in express terms prohibited by the agreement."

1 Actual hostilities will provide, of course, that firing shall cease; that the belligerents must not gain ground to the front; and, during siege operations, "that the besieger must cease all extension, perfection, or advance of his attacking works, as much so as from attacks by main force." (G. O. 100, 1863, art. 142.)

2 In modern practice the principle has been followed that what is not expressly prohibited is allowed. The principle that a belligerent must abstain from everything which the other could have prevented had there been no armistice,' is rejected by continental armies." (See Spaight, War Rights on Land, pp. 235-238; Ariga, p. 560; Les Lois, Jacomet, p. 90.

262. Form of armistice.-No special form for an armistice is prescribed. It should, whenever practicable, be reduced to writing, in order to avoid misunderstandings and for purposes of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness as to statements.1

For forms of armistice, see appendices, this section..

263. Kinds of armistice.-H. R. Art. XXXVII. An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.1

1 The following names have been applied to armistices, viz: general and local as in the text (the term special is used in G. O. 100, 1863, art. 137), truce, local truce, cessation of hostilities, cessation of arms, and suspension of arms. The continental writers still make use of the terms armistice and suspension of arms. As a matter of fact, there is no essential difference between truces, suspensions of arms, and armistices.

264. General armistice.-General armistices are of a combined political and military character. They usually precede the negotiations for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is concluded by the Governments concerned or by their commanders in chief, and are ratified in all cases. General armistices are frequently arranged by diplomatic representatives."

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1A general armistice may not apply to all of the forces in the field. The armistice executed in Paris on the 28th of January, 1871, which preceded the peace, was called a general armistice," and yet it excluded the Departments of Doubs, Jura, and Cote D'or and the town of Belfort.

2 The armistice at the close of the Franco-German War in 1870 was concluded between Count von Bismarck and Jules Favre, and the armistice which closed the Russo-Japanese War was concluded at Portsmouth, N. H., by diplomatic representatives. In the latter case the detailed conditions were settled by the military authorities in Manchuria.

265. Local armistice.-A local armistice suspends operations between certain portions of the belligerent forces, or within a designated district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war.1

1 G. O. 100, 1863, art. 137, par. 1: "An armistice may be general and valid for all points and lines of the belligerents; or special, that is, referring to certain troops or certain localities only.",

266. Suspension of arms.—A suspension of arms is a form of armistice concluded between commanders of armies, or even of detachments, for some local military purpose: such as to bury the dead, to collect the wounded, to arrange for exchange of prisoners, to enable a commander to communicate with his Government or superior officer.1

1 The above distinction as stated is not absolutely essential, although Mr. Oppenheim still draws the distinction between the three forms mentioned, in the above text (Land Warfare, pp. 56-57). But see Westlake, War, part 2, p. 92, and Spaight, War on Land, pp. 233–234. A suspension of arms was asked for by the governor of Manila of Admiral Dewey on Aug. 9, 1898, which would allow him to communicate with his Government and receive instructions.

267, Notification of armistice.-H. R. Art. XXXVIII. An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after notification, or on the date fixed.1

1 Vide par, 259.

268. Intercourse in theater of operations.-H. R. Art. XXXIX. It rests with the contracting parties to settle, in the terms of the armistice, what intercourse may be held in the theater of war with and between the populations.1

1 This translation of the text is copied from that of Messrs. Westlake and Spaight, and is believed to more accurately express the intent of the framers. The original from which this article was probably taken is in G. O. 100 of 1863, art. 141" It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated the intercourse remains suspended, as during actual hostilities.

Our own official translation is as follows:

"It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held in the theater of war with the inhabitants and between the inhabitants of one belligerent State and those of the other."

The British official translation is as follows:

"It is for the contracting parties to settle, in the terms of the armistice, what communications may be held, on the theater of war, with the populations and with each other."

Of course, what is intended to be regulated is the intercourse of the population of the occupied territory with the population of the country still held by the enemy (in both cases nationals of the enemy State), and also between each belligerent force and the inhabitants of the localities held by the other.