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 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. Photograph. (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. 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.1 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 In said, with respect to the powers of the military government over the city of New Orleans after its conquest, that it had the same power and rights in territory held by conquest as if the territory had belonged to a foreign country and had been subjugated in a foreign war. such cases the conquering power has the right to displace the preexisting authority, and to assume to such extent as it may deem proper the exercise by itself of all the powers and functions of government. It may appoint all the necessary officers and clothe them with designated powers, larger or smaller, according to its pleasure. It may prescribe the revenues to be paid, and apply them to its own use or otherwise. It may do anything necessary to strengthen itself and weaken the enemy. There is no limit to the powers that may be exerted in such cases, save those which are found in the laws and usages of war. These principles have the sanction of all publicists who have considered the subject." See also Fleming v. Page, 9 How., 603; Am. Ins. Co. v. Canter, 1 Pet., 511. 288. Distinguished from invasion.—The state of invasion corresponds with the period of resistance. Invasion is not necessarily occupation, although it precedes it and may frequently coincide with it. An invader may push rapidly through a large portion of enemy country without establishing that effective control which is essential to the status of occupation. He may send small raiding parties or flying columns, reconnoitering detachments, etc., into or through a district where they may be temporarily located and exercise control, yet when they pass on it can not be said that such district is under his military occupation.1 1 Early invaded Maryland in July, 1864, but the country was not occupied. 289. Distinguished from subjugation or conquest.-Subjugation and conquest imply the annexation of the property or territory by the conqueror through the treaty of peace, and with it the sovereignty. Military occupation is based upon the fact of possession and is essentially provisional until the conclusion of peace or the annihilation of the adversary, when sovereignty passes and military occupation technically ceases.1 1 1 G. O. No. 11, H. Q. Army of Virginia, Wash., July 26, 1862, by Gen. Pope, furnishes an example of improper conception of allegiance and military occupation. His last paragraph, concerning communications, is strictly in accord with the laws and usages of war. The German conception of her rights of sovereignty over Alsace and Lorraine, in that she made no pretension to absolute sovereignty until after their cession by France, is strictly in accord with the rights of military occupation. Vide Spaight, War Rights on Land, pp. 329-333. 290. Occupation must be effective.-It follows from the definition that military occupation must be both actual and effective; that is, the organized resistance must be overcome and the forces in possession have taken measures to establish law and order. It is sufficient that the occupying army can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district. It is immaterial by what methods the authority is exercised, whether by fixed garrisons or flying columns, small or large forces.1 1 Land Warfare, Opp., par. 344. "Practically, all enemy territory will be considered effectively occupied by a French army, over which a service of supply shall have been established in rear of the army of invasion." Lieut. Jacomet, Les Lois, p. 69. 291. Presence of invested fort immaterial.-The existence of a fort or defended area within the occupied district, provided such place is invested, does not render the occupation of the remainder of the district ineffective, nor is the consent of the inhabitants in any manner essential.1 1 Land Warfare, Opp., par. 345. Citing "That when Alsace was declared occupied on 14th August, 1870, the fortresses in that Province were still uncaptured, but for the sieges in progress it had ceased to be the theater of active operations." 292. Proclamation of occupation.-In a strict legal sense no proclamation of military occupation is necessary. On account of the special relations established between the inhabitants of the occupied territory and the occupant, by virtue of the presence of the invading force, the fact of military occupation, with the extent of terrritorry affected by the same, should be made known. The practice in this country is to make this fact known by proclamation.1 Les 1 The French rule is given by Lieut. Jacomet as follows: Occupation should be preceded by a notification which should take the form of proclamations posted in the community, of circulars addressed to the local authorities, notices inserted in the local papers. These publications should enumerate the acts from which the inhabitants have to abstain, and the penalties imposed for corresponding infractions." Lois, p. 69. The Germans in 1870, usually issued a proclamation in accordance with that of August, 1870, which stated that: "The military jurisdiction will be considered in force and proclaimed for the whole area of a canton' immediately a proclamation has been posted up in one of the localities of the same.' 6 In Great Britain proclamations were issued by Wellington simply warning the inhabitants to behave peaceably and not to communicate with the enemy. The same rule was followed by the Japanese in the war with China, and again in Manchuria. (Ariga, p. 443.) For practice in this country vide the proclamations by Gen. Kearney on Aug. 22, 1846; Gen. Taylor in Mexico, H. R. Executive Doc. No. 119, pp. 1317; Gen. Scott in Mexico at Vera Cruz, Apr. 11, 1847; at Tampico, Feb. 19, 1847; G. O. No. 20, Feb. 19, 1847; and G. O. 287, Army Mex., Sept. 17, 1847; G. O. 101, W. D., July 18, 1898; Proc. Gen. Miles, July 28, 1898, as to Porto Rico; Proc. Gen. Merritt, Aug. 14, 1898, in Philippines. 293. Commencement of occupation.—In the absence of a proclamation or similar notice the exact time of commencement of occupation may be difficult to fix. The presence of a sufficient force to disarm the inhabitants or enforce submission and the cessation of local resistance due to the defeat of the enemy's forces determine the commencement of occupation.1 1"The presence of a hostile army proclaims its martial law." G, O. 100, 1863, art. 1, par. 2. 294. Cessation of occupation.-Occupation once acquired must be maintained. In case the occupant evacuates the district or |