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CHAPTER VII, SECTION IV.

PASSPORTS, SAFE-CONDUCTS, SAFEGUARDS, AND

CARTELS.

276. Passport defined.--A passport is a written document given to a person or persons by a commander of belligerent forces authorizing him or them to travel unmolested within the district occupied by his troops.?

1 Mr. Spaight says: “The terms (passport and safe-conduct) appear to be convertible, though some would make the 'passport' confer a more extended liberty of movement than the 'safe-conduct which they would confine to an authority to come to a specified place for a specified object" (War Rights on Land, p. 230).

Passports are issued by the State Department, or similar office in other countries, to diplomatic agents and others entering or traveling in foreign countries, which are of the same general character as those issued during war. The latter should, when practicable, have the photograph of the bearer attached. For form see appendix, this section.

277. Safe-conduct as to persons.-A. safe-conduct is a document given to an enemy, alien, or other person or persons by a commander of belligerent forces authorizing him or them to gol into places which they could not reach without coming into collision with armed forces actively operating against the enemy

i Safe-conducts are more frequently issued to enemy subjects. Safeconducts were issued to the Boer leaders in April and May, 1902, to permit them to confer about the terms of surrender, “ (Spaight, p. 230.) Gen. Scott issued a safe-conduct to several members of the new Federal Congress to permit them to pass through the City of Mexico and a passport to Gen. Santa Anna's wife to permit her to join her husband. (Moore's Int. Law. Dig., sec. 1158.) For form see appendix, this section,

278. Safe-conduct as to goods.-A safe-conduct is a written authority or license to carry goods to or out of, or to trade in a certain place or places otherwise forbidden by the laws of war, given by a commander of belligerent forces to an enemy, alien, or other person.' 1 For form of safe-conduct see appendix, this section.

279. Character of these instruments.-Both passports and safe-conducts fall within the scope of international law when granted by arrangement with the enemy or with a neutral power. The passports and safe-conducts as to persons are individual and nontransferable. A safe-conduct for goods, while restricted to the articles named in them, may be transferred from one person to another, provided it does not designate who is to carry the goods or to trade. They may be transferred

when the licensee is designated if the transferee is approved by the authorizing belligerent. The term “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.

* 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

to 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 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. McČlellan's Own Story, p. 360 ; Spaight, War Rights on Land, p. 231. The French call the first kind vire and the second mort.

It is called dead (mort) or alive (vive) according to whether it consists

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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.

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 ar. rangement 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., pår. 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 upder the law of nations that even the sovereign can not annul them."

* Vide G. 0. 100, 1863, art. 109.

APPENDIX. FORM OF PASSPORT.

(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, afternoon, or day) of

(date). He is authorized to take with him

(persons, articles, carriages, etc.).

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

(Signature of officer.) Photograph or finger print

(Rank, etc.) or signature. 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 substituted 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.

(Place and date of issue.) Photograph.

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

for the purpose of. He will follow the route A, B, C. 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.) All officers and enlisted men belonging to the---

(Name the army are directed to respect the premises of or subdivision thereof.)

_situated at 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; on the contrary, it is ordered that safety and protection be given to him or them in case of need. Done at the headquarters of.. _this_

---day of 18_

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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.

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