carried through to their own territory, If, however, they are left in the neutral's territory they must be interned so as to insure their not taking part again in the war.

422. Sick and wounded prisoners of war.-Sick and wounded prisoners of war brought into neutral territory as part of a convoy of evacuation, granted right of passage through neutral territory, can not be transported to their own country nor liberated, as are prisoners of war escaping into or brought by troops seeking asylum in neutal territory, but must be detained by the neutral power.1

1 See par. 417 supra.

423. The Geneva convention.-H. C. V, Art. XV. The Geneva convention applies to sick and wounded interned in neutral territory.

424. Medical personnel.-The medical personnel belonging to belligerent forces, who have sought asylum and are interned under Article XI (par. 411), can be released by the neutral and permitted to return to their own State or army. Medical personnel and matériel necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under Article XIV (par. 418), may be per mitted to accompany the convoy. The neutral State may retain the necessary medical personnel and matériel for the care of the sick and wounded left in its care, and, failing this, may furnish same and will have expense of same refunded by the belligerent concerned after the termination of the war.1

1 See note 1, par. 414 supra.

425. Neutral persons.-H. C. V, Art. XVI. The nationals of a State which is not taking part in the war are considered as neutrals.1

1 The intention in using the word "nationaux was to convey the idea of "citizens" as understood in the English use of the word. Hague Convention Actes, 1907, p. 64.

426. Neutral persons resident in enemy territory.-Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occupant.2

1 The articles relating to neutral persons (XVI, XVII, and XVIII) are what is left of twelve articles proposed to The Hague by Germany. England has never ratified them. The intention of these articles was to accord preferential treatment to the neutral persons and property during war. With regard to the suppressed articles the following two Voeux were adopted by the conference:

1. That in case of war the competent authorities, civil and military, shall make it a special duty to assist and protect the maintenance of peaceful relations, and in particular of commercial and industrial relations, between the inhabitants of the belligerent States and neutral States.

2. That the high contracting powers shall seek to establish, by agreements between them, uniform contractual provisions determining the

relations, in respect of military obligations, of each State with foreigners established in its territory."

2 Vide supra pars. 312 et seq.

Mr. Oppenheim (Land Warfare) says: "Subjects of neutral powers not resident but only on a temporary visit within occupied territory can, to a certain extent, claim different treatment from that accorded to inhabitants, provided they take no part in the war. For instance, they are as a rule exempt from requisitions and contributions, and, if their property is required for military ends and needs, they must be fully indemnified." Par. 505 and note.

427. Diplomatic agents.-Diplomatic agents of neutral sovereigns and Governments must be treated with all courtesy, and be permitted such freedom of action as is possible to allow, with due regard to the necessities of the war.1

1 The same rule applies to consuls of non-Christian countries, excluding Japan. In all countries consuls, while not diplomatic agents, are entitled to have their persons and offices exempted from martial law, except in urgent cases, although their property and business are not necessarily exempted.

As to right of correspondence, see Dig. Int. Law, Moore, sec. 675, as to correspondence by Mr. Washburn, our ambassador in Paris at the time of the siege of that city.

The Japanese in the exceptional case of correspondence by the Imperial Government at Peking and the Provinces in Manchuria laid down the following rules:

"1. Communications of the Government of Peking with local officials in the territory occupied by the enemy, through territory occupied by our army. Not permitted.

"2. Communications addressed by the local Chinese functionaries in the country occupied by the enemy to the Peking Government through territory occupied by our army. Permitted by a designated route which could not be used returning.

"3. Communications from the local Chinese functionaries in the territory occupied by our army to those in territory occupied by the enemy. Absolutely prohibited, except after minute examination by

our army..

"4. Communications from local Chinese functionaries in_territory occupied by the enemy with regions occupied by our army. Permitted after examination at the outposts of the messengers and the official communications.

"5. Communications between the Government at Peking and the local functionaries in territory occupied by our army. Absolutely free. Ariga. pp. 544-547."

428. Punishments.-All subjects of neutral powers whether resident or temporarily visiting in occupied territory may be punished for offenses committed by them to the same extent and in the same manner as enemy subjects.1

1 Vide supra Military occupation, Chapter VIII, and Penalties for Violations of the Laws of War, Chapter X.

429. Forfeiting rights by neutrals.-H. C. V, Art. XVII. A neutral can not avail himself of his neutrality:

(a) If he commits hostile acts against a belligerent.

(b) If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neu

trality than a national of the other belligerent State could be for the same act.

430. What acts not favorable to one belligerent.-H. C. V, Art. XVIII. The following acts shall not be considered as committed in favor of one belligerent in the sense of Article XVII, letter (b):

(a) Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories.

(b) Services rendered in matters of police or civil administration.

RAILWAY MATERIAL.1

431. Railway material.—H. C. V, Art. XIX. Railway material coming from the territory of neutral powers, whether it be the property of the said powers or of companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin.

A neutral power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent power."

Compensation shall be paid by one party or the other in proportion to the material used and to the period of usage.

8

1 For law as to preference to be given to the transportation of troops and material of war in time of war, see U. S. Stat. at Large, vol. 34, part 1, chap. 3591, p. 587: Provided, That wherever the word 66 carrier occurs in this act it shall be held to mean common carrier."

"That in time of war or threatened war preference and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic."

2 This paragraph is new, being inserted in 1907. "It has the double object of 1. To prevent a neutral State having its own railway service disturbed by the loss of its rolling stock; 2. To provide an automatic discouragement, as it were, to the practice of seizing neutral material which a belligerent might be inclined to resort to if the material so obtained became a clear addition to his resources.' Spaight, War Rights on Land, pp. 512-513.

Article XIX recognizes the right of a belligerent to seize and destroy the property of neutrals temporarily passing through his territory in so far as railway material is concerned.

This right as to certain neutral ships was exercised by Germany in December, 1870, by seizing some English colliers lying in the Seine near Rouen and sinking them for the purpose of obstructing the channel so that French gunboats could not ascend the river. The right to do this was not questioned by Great Britain and the matter was settled by Germany paying a satisfactory indemnity. Land Warfare, Opp. pars. 505, note c, and 507-510.

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APPENDIX A.

Military Convention between the Commander of the First French Army and the General-in-chief of the Army of the Swiss Confederation for the entry of the French troops into Switzerland; signed at Les Verrieres, February 1, 1871.

The following convention has been made between General Clinchant, General-in-chief of the First French Army, and General Herzog, General-in-chief of the Army of Swiss Confederation:

Article 1. The French Army demanding to pass into Swiss territory will on entering lay down its arms, equipment, and ammunition.

Art. 2. These arms, equipment, and ammunition will be restored to France after peace and after the definitive settlement of the expenses occasioned to Switzerland by the sojourn of the French troops.

Art. 3. The artillery material and ammunition will be dealt with as above.

Art. 4. The horses, arms, and effects of the officers will remain at their disposal.

Art. 5. Arrangements will be made later as regards the troop horses.

Art. 6. Supply and baggage wagons, after having deposited their contents, will immediately return to France with their drivers and horses.

Art. 7. The treasure chest and post wagons will be handed over with the contents to the Swiss Confederation, which will account for them when the settlement of expenses is taking place.

Art. 8. The execution of these arrangements will take place in the presence of French and Swiss officers nominated for the purpose.

Art. 9. The confederation reserves the designation of the place of internment for officers and soldiers.

Art. 10. It is the right of the Federal Council to indicate the detailed prescriptions necessary to complete the present convention.

Done in triplicate at Les Verrieres, 1st Feb., 1871.

CHAPTER XII.

AUTOMATIC SUBMARINE CONTACT MINES.1

432. Kinds of mines.--There are three general classes of mines: (1) Observation mines which are anchored along the coast and connected therewith by wires by which they can be exploded electrically. (2) Anchored automatic contact mines which are attached to heavy weights, and which can be placed at any required depth below the surface; these mines are exploded automatically by contact with heavy bodies such as ships. (3) Unanchored automatic contact mines which also explode by contact."

1 The rules governing this subject are contained in Convention VIII of The Hague of Oct. 18, 1907. The rules contained in this chapter are of special interest to officers of the seacoast artillery and will be of value as well to other arms of the mobile army in connection with the defense of our seacoast fortifications.

2 These rules do not deal with the first class of mines, since they are innocuous to peaceful shipping.

433. Unanchored automatic contact mines.-H. VIII, art. 1, par. 1. It is forbidden to lay unanchored automatic contact mines unless they be so constructed as to become harmless one hour at most after those who laid them have lost control over them.1

1 This rule as originally presented by Great Britain was as follows: "The employment of unanchored automatic submarine contact mines is forbidden." The rule as stated in the text is decidedly modified by article 6, which fixes no time within which States are obligated to cause their mines to conform to the provisions of this article.

434. Commercial navigation.-H. VIII, art. 2. It is forbidden to lay automatic contact mines off the coasts and ports of the enemy, with the sole object of intercepting commercial navigation.

435. Effect of this article.-It is not probable that a belligerent resorting to the use of these contact mines off the coasts and ports of his enemy will hesitate to disavow the intention of intercepting commercial navigation. In its present form this rule permits the use of such mines so as to cause great risks to neutral navigation.1

1" This convention, however, as it has been adopted imposes on the belligerent no restriction as to the placing of anchored mines, which consequently may be laid wherever the belligerent chooses, in his own waters for self-defense, in the waters of the enemy as a means of attack, or, lastly, on the high seas, so that neutral navigation will inevitably run great risks in time of naval warfare and may be exposed to many a disaster. We have already on several occasions insisted on the danger of a situation of this kind." Sir Ernest Satow's declaration before The Hague Committee. Vide The Hague Peace Conference, Higgins, p. 341.