this title. p. 252. See note 2. bond and security as is required of the owners of armed vessels by the preceding section. Construction of SEC. 5291. The provisions of this Title shall not be conIdem, ss. 2, 13, strued to extend to any subject or citizen of any foreign Fob 1877, v. 19, Prince, state, colony, district, or people who is transiently within the United States, and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district, or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States. Note 2.-An officer of the Navy has no right, without express direction from his Government, to enter the territory of a country at peace with the United States and seize property there claimed by citizens of the United States. Application for redress should be made to the judicial tribunals of the country. (Cadwalader's State Department Digest, p. 219, cites 2 Paine, 324.) A revolutionary party like a foreign belligerent party, is supreme over the country it conquers, as far and as long as its arms can carry and maintain it. (Op., IX, 140, Black, May 15, 1858.) By the law of nations one government can not enter upon the territories of another, or claim any right whatever therein, for if this be done by force it is a usurpation, and if it be done by any underhand bargaining with individuals, who have not the explicit consent of their Government, it is mean and unfair. (Op., IX, 286, Black, Mar. 14, 1859.) One nation can not execute the penal laws of another, and consequently a foreign vessel engaged in the slave trade can not lawfully be captured by an American cruiser. The African slave trade is not contrary to the law of nations. (Cadwalader's State Department Digest, p. 217, cites 10 Wheaton, 66.) The United States can not purchase a grant of land in, or concession of a right of way over, the territories of another nation as could an individual or private corporation, since by the law of nations one Government can not enter upon the territory of another, or claim any right whatever therein. (Cadwalader's Digest, p. 218, cites Op., IX, 286.) The right of search does not exist in time of peace. A cruiser of one nation has the right to know the national character of any strange ship she may meet at sea, but the right is not a perfect one. The right of inquiry has well-defined limitations: 1. Inquiring ship must put up his own colors, or in some way make himself fully known, before he can lawfully demand such knowledge from the other vessel. 2. If refused, may fire blank shot or cartridge. 3. If still refused, a shotted gun may be fired across bows by way of positive summons. 4. Any further measure must be at the peril of the inquiring vessel. If stranger is arrested, injured, or captured, and proves not a pirate, but has a lawful right to navigate the seas, the injury must be atoned for. The right of a public ship to hail or speak a stranger, is in all respects analogous thereto, and must be exercised within the same limits. 5. The answer by words or by hoisting flag must be taken as true. Can not be stopped, visited, or searched. 6. The right of inquiry can be exercised only on the high seas. No naval officer has a right to go into the harbor of a nation with which his Government is at peace, to inquire into the nationality of a vessel lying there. (Op., IX, p. 456, Black, July 28, 1860. Case of the General Miramon.) Ships of war enjoy the full rights of exterritoriality in foreign ports and territorial waters. Merchant ships are a part of the territory of their country, and are so treated on the high seas, and partially, but not wholly so, while in territorial waters of a foreign country. Crimes committed on board ship on the high seas, are triable in the country to which she belongs. In port the local authority has jurisdiction of acts committed on board of a foreign merchant ship, provided those acts affect the peace of the port, but not otherwise; and its jurisdiction does not extend to acts internal to the ship or transpiring on the high seas. The authority of the ship's country, in these cases, is not taken away by the fact that the actors are foreigners provided they be of the crew or passengers of the ship. The local authority has right to enter on board a foreign merchantman in port for the purpose of inquiry universally-but for the purpose of arrest only in matters within its ascertained jurisdiction. (Op. VIII, 73, Cushing, Sept. 5, 1856.) "Neutrals may lawfully sell at home to a belligerent purchaser, or carry themselves to the belligerent powers contraband articles subject to the right of seizure in transitu. The right of the neutral to transport, and of the hostile power to seize, are conflicting rights, and neither party can charge the other with criminal act." (1 Kent's Com., p. 142.) "There is nothing in our laws, or in the law of nations, that forbid our citizens from sending armed vessels as well as munitions of war to foreign ports for sale. It is a commercial venture which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation." (7 Wheaton, 340.) Cited in Op., XI, p. 408, Dec. 23, 1865, Speed. INTERNATIONAL CONVENTION-AMELIORATION OF Convention between the United States, Baden, Switzerland, ambulances with ARTICLE I. Ambulances and military hospitals shall be Hospitals and acknowledged to be neuter, and, as such, shall be protected sick or wounded, and respected by belligerents so long as any sick or wounded etc. may be therein. Such neutrality shall cease if the ambulances or hospitals Exception. should be held by a military force. ART. 2. Persons employed in hospitals and ambulances, Employees, etc., respected as comprising the staff for superintendence, medical service, neutrals. administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor. ART. III. The persons designated in the preceding article Employees, etc., protected by may, even after occupation by the enemy, continue to fulfil occupyingforces. their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the corps to which they belong. Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy. ART. IV. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals cannot, in withdrawing, carry away any articles but such as are their private property. Under the same circumstances, an ambulance shall, on the contrary, retain its equipment. Employees in hospitals to take away private property only. serv ing the wounded to remain free. ART. V. Inhabitants of the country who may bring help Persons to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. the wounded are Any wounded man entertained and taken care of in a Houses where house shall be considered as a protection thereto. Any cared for to be inhabitant who shall have entertained wounded men in his protected. Exemptions for house shall be exempted from the quartering of troops, as care of wounded. well as from a part of the contributions of war which may be imposed. wounded to be ART. VI. Wounded or sick soldiers shall be entertained Soldiers sick or and taken care of, to whatever nation they may belong. cared for. wounded, etc. Delivery of Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties. Soldiers in ca pacitated for home. Conditions of return. Those who are recognized after their wounds are healed, service to be sent as incapable of serving, shall be sent back to their country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations, together with the persons under whose etc., to have ab- directions they take place, shall be protected by an absolute neutrality. Evacuations, soluteneutrality. bulance, and etc. Arm badge. Hospital, am- ART. VII. A distinctive and uniform flag shall be adopted evacuation flag, for hospitals, ambulances, and evacuations. It must, on every occasion, be accompanied by the national flag. An arm-badge (brassard) shali also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. Flag and armbadge to bear red cross, etc. Execution of vention. The flag and the arm-badge shall bear a red cross on a white ground. ART. VIII. The details of execution of the present condetails of convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the general principles laid down in this convention. Rights of employees, etc., in hospitals or ambulances. Salary of neutrals, etc., when in enemy hands. 8 Definition of lance." ADDITIONAL ARTICLES. ARTICLE I. The persons designated in Article II of the Convention shall, after the occupation by the enemy, continue to fulfil their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of depar ture, which he shall only be allowed to delay for a short time in case of military necessity. ART. II. Arrangements will have to be made by the belligerent powers to insure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary. ART. III. Under the conditions provided for in Articles the term "ambu I and IV of the Convention, the name "ambulance" applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded. Charges for ART. IV. In conformity with the spirit of Article V of quartering of troops, and con- the Convention, and to the reservations contained in the tributions, etc. protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants. Wounded to be returned to their country on con ART. V. In addition to Article VI of the Convention, it is stipulated that, with the reservation of officers whose dition of not detention might be important to the fate of arms and arms in the war. Within the limits fixed by the second paragraph of that again bearing article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war. Articles concerning the Marine. or ART. VI. The boats which, at their own risk and peril, Boats picking up the shipduring and after an engagement pick up the shipwrecked wrecked or wounded, or which having picked them up, convey wounded, etc. them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit. The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war. ART. VII. The religious, medical, and hospital staff of Religious, medical, and hospital any captured vessel are declared neutral, and, on leaving staff of a capthe ship, may remove the articles and surgical instruments tured vessel which are their private property. ART. VIII. The staff designated in the preceding article must continue to fulfill their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article. declared neutral, Duties of staff officers, etc. The stipulations of the second additional article are Pay and allow applicable to the pay and allowance of the staff. ance of staff. ART. IX. The military hospital ships remain under mar-Captured hos. pital ships to retial law in all that concerns their stores; they become the main under marproperty of the captor, but the latter must not divert tial law, etc. them from their special appropriation during the continuance of the war. *[The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriate to the special service on which they are employed.] Merchant ves ART. X. Any merchantman, to whatever nation she may sels performing belong, charged exclusively with removal of sick and hospital duty to wounded, is protected by neutrality, but the mere fact, be treated as noted on the ship's books, of the vessel having been visited *In the published English text, from which this version of the Additional Articles is taken, the paragraph thus marked in brackets appears in continuation of Article IX. It is not, however, found in the original French text adopted by the Geneva Conference, October 20, 1868. By an instruction sent to the United States minister at Berne, January 20, 1883, the right is reserved to omit this paragraph from the English text, and to make any other necessary corrections, if at any time hereafter the Additional Articles shall be completed by the exchange of the ratifications hereof between the several signatory and adhering powers. neutral, etc. Cargo of mer chant ship pro by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation. If the merchant ship also carries a cargo, her neutrality tected; when; Will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents. proviso. Right of bellig erents. Wounded or The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded. ART. XI. Wounded or sick sailors and soldiers, when sick sailors and embarked, to whatever nation they may belong, shall be embarked, etc. protected and taken care of by their captors. soldiers, when Return to na tive country. White flag with red cross, etc., Their return to their own country is subject to the provisions of Article VI of the Convention, and of the additional Article V. ART. XII. The distinctive flag to be used with the naused by vessels tional flag, in order to indicate any vessel or boat which claiming neutralmay claim the benefits of neutrality, in virtue of the prinity. ciples of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary. Military hos pitals painted white, etc. Hospital ships. etc., and staff to be treated as neutral. Flag sign, etc., of neutrality. Aid and assist ance to wounded Military hospital ships shall be distinguished by being painted white outside, with green strake. ART. XIII. The hospital ships which are equipped at the expense of the aid societies, recognized by the governments signing this Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents. They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white with red strake. These ships shall bear aid and assistance to the wounded and wrecked bel- and wrecked belligerents, without distinction of nationality. They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril. ligerents, without distinction of nationality. Rights of bel. ligerents to control and visit vessels, etc. The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step. |