The present protocol is signed by the representatives of the commanders in chief of the Japanese and Russian Armies in Manchuria, in virtue of the full powers which have been given to them by the said commanders in chief. Done on the road situated close to September, 1905, in two texts, Japanese and Russian, each party keeping a Japanese and a Russian text.

(Signed)

APPENDIX F.

Sha-ho-tzu the 13th

FUKUSHIMA,

Major General, etc.

ORANOUSKI,

Major General, etc.

JAPANESE PROJECT FOR THE ARMISTICE IN THE TUMEN REGION.

ARTICLE 1. The Japanese and Russian Armies in the Tumen region will execute the armistice according to the stipulations of the present convention.

ART. 2. The Japanese Army will canton south of the line The positions of the Russian Army will be limited The region between these two

to the north of the line_____. lines will form the neutral zone.

ART. 3. No troops, patrols, or men sent on reconnaissance, nor any individual belonging or attached to the army will be permitted to enter the neutral zone.

ART. 4. No preparations for attack or defense will be made near the line limiting the neutral zone. The necessary preparations for cantoning the troops will not be considered as preparations for attack or defense.

ART. 5. No requisitions of coolies, horses, or any other objects will be made in the neutral zone.

ART. 6. The Japanese and Russian Armies in the Tumen region will both commence to evacuate their troops beyond the lines indicated in article 2 on the third day, and must have completed the evacuation behind the lines by the seventh day from the signing of the present convention.

ART. 7. Once the convention is drawn up, the commanders of the Japanese and Russian Armies will order the troops and the officials under their command to execute the armistice, in such a manner that the order may reach them as soon as possible. They will at the same time notify the commanders of the land and sea forces.

ART. 8. This convention will come in force immediately it has been signed by the plenipotentiaries of the Japanese and Russian Armies; it will lapse on the execution of the treaty of peace.

ART. 9. The present convention will be drawn up in two Japanese and two Russian texts, each army keeping a text in each language.

(This project was not agreeable to the Russians and an armistice had not been concluded when the treaty of peace was ratified.)

APPENDIX G.

SUSPENSION OF ARMS AT THE SIEGE OF BELFORT, 13TH FEBRUARY, 1871.

It has been agreed by the undersigned, Capt. Krafft, of the auxiliary engineers, and Capt. von Schultzendorf, general staff, of the besieging army, both furnished with full powers by Col. Denfert-Rochereau, commandant of Belfort, and by Lieut. Gen. von Treskow, commandant of the besieging corps

As follows:

(1) Lieut. Gen. von Treskow will send a telegram to Versailles to acquaint the Imperial Chancellor Count Bismarck that Col. Denfert-Rochereau requires direct instructions from his Government as regards the surrender of the fortress.

(2) Col. Denfert-Rochereau will send an officer to Bale to await the telegraphic instructions from the French Government. (3) Until the return of this officer there will be a suspension of arms between the besieged and besiegers, beginning the 13th February at 11 p. m. Nevertheless, the suspension of arms may be denounced at any moment 12 hours before the time intended for the resumption of hostilities.

(4) During the suspension of arms the two parties shall remain in their present positions. The limits thus traced shall not be crossed, and, moreover, there shall be no communication on the part of civilians between the fortress and the outside.

(5) Col. Denfert-Rochereau engages to inform Lieut. Gen. von Treskow with the least possible delay of the decision he makes after receiving the instructions of the French Government.

The present convention has been made in duplicate original, one text in German and the other in French.

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

1

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 go into places which they could not reach without coming into collision with armed forces actively operating against the enemy.1

1 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

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

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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. 1 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 war, generally or partially, in relation to any community or 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

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. McClellan's Own Story, p. 360; Spaight, War

Rights on Land, p. 231.

The French call the first kind vive and the second mort. "It is called dead (mort) or alive (vive) according to whether it consists

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

1"Enemy safeguards which have been posted without previous arrangement 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.1 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., par. 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 under the law of nations that even the sovereign can not annul them." Vide G. O. 100, 1863, art. 109.