it is agreed that the garrison shall not attempt to obtain succor, and that no communication whatever shall, during the armistice, take place between the garrison, whether friend or enemy, and a space of around the fortification shall be considered neutral ground, and no person whatever, whether he be a stranger or belonging to the garrison or to the besieging army, shall be allowed to enter on such space without the permission of the above-named commanders in chief. ART. 5. General commanding the garrison, engages on behalf of the garrison not to repair the fortifications or to undertake any new siege works, or do any act or thing whatsoever calculated to place the garrison in a better position in regard to its defense; and General on behalf of the United States troops, engages not to undertake any siege works, or to make any hostile move against the garrison, but it is understood that he is at liberty to obtain fresh supplies of provisions or reinforcements of troops. APPENDIX C. FORM OF SUSPENSION OF ARMS FOR THE BURIAL OF THE DEAD, ETC. General A. B., commanding the United States forces at and General C. D., commanding the forces at --, agree as follows: day of this ARTICLE 1. A suspension of arms for the space of three hours, beginning at 10 o'clock and ending at 1 o'clock on is agreed to for the purpose of burying the dead and withdrawing the wounded. ART. 2. The beginning of the suspension of arms shall be notified by two white flags hoisted simultaneously, the one within the United States lines, and the other within the lines. The white flags shall continue flying during the suspension of arms, and such flags shall be lowered simultaneously as a signal of the conclusion of the suspension of arms. ART. 3. All firing shall cease during the suspension of arms. ART. 4. The United States troops shall not, during the suspension of arms, advance beyond the line, and the troops shall not advance beyond the line. The space between the two lines shall be open to all persons engaged in burying the dead, or in attending to the wounded, or in carrying away the dead or wounded, but to no other persons. APPENDIX D. ARMISTICE AGREED ON BY JAPAN AND RUSSIA AT PORTSMOUTH (U. S. A.) OF 5TH SEPTEMBER, 1905. The undersigned plenipotentiaries of Japan and Russia, duly authorized to that effect by their respective Governments, have agreed on the following terms of the armistice, which will remain in force until the execution of the treaty of peace: (1) A certain distance (zone of demarcation) shall be fixed to separate the front of the armies of the two powers in Manchuria, and also in the Tumen region. (2) The naval force of one of the belligerents may not bombard the territory occupied or belonging to the other. (3) The taking of maritime prizes will not be interrupted by the armistice. (4) During the armistice no reinforcements may be sent to the theater of war. Those who are on the way from Japan may not be sent north of Mukden, and those on the way from Russia may not be sent south of Harbin. (5) The commanders of the military and naval forces will arrange the details of the armistice in accordance with principles above enunciated. (6) The two Governments will issue the order to put this protocol into execution directly after the signature of the treaty of peace. (Signed) WITTE. (Signed) KOMOURA. APPENDIX E. PROTOCOL OF THE CONDITIONS OF THE ARMISTICE CONCLUDED IN MANCHURIA ON 13TH SEPTEMBER, 1905. ARTICLE 1. Fighting is suspended throughout the extent of Manchuria. ART. 2. The space between the front lines of the Japanese and Russian Armies, which are indicated on the maps exchanged with the present protocol, constitutes the neutral zone. ART. 3. Every person having the least connection with either of the armies is forbidden to enter the neutral zone on any pretext whatsoever. ART. 4. The road leading from Shuang-miao-tzu to Sha-ho-tzu is to be employed for communication between the two armies. ART. 5. The present protocol will come into force on the 16th (Russian style 3d) September, 1905, at midday, and will remain in force until the execution of the treaty of peace signed at Portsmouth by the plenipotentiaries of the two powers. 42225°-14- -7 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 Sha-ho-tzu the 13th September, 1905, in two texts, Japanese and Russian, each party keeping a Japanese and a Russian text. 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 to the north of the line.. 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 Governmént. 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 |