( Nora/ ('ode, Art. 9-11; 14; 46-50.) ( See PalzE.) Enemy merchant vessels engaged in coast fishing 'illimeently employed' are exempt from capture ( ('ode, Art. LI), but this ex emption does not apply to deep-sea fisheries. I The 'Paquctic Ilabanu: 173 V. S., 677.) 11 should he said in passing that the decisions of prize courts of the Confederacy were curiously not recognized by Federal courts. (The Lain, 2 Sprague, 177.) On the outbreak of war trade of all kinds stops between enemies, that is to say across the linos, for an enemy residing within enemy lbws may trade with the citizen untram meled by any regulation. If he is permitted to stay—and custom if not positive law allows this —he owes temporary allegiance. and in conse quence has the "Hits and privileges of other alien residents not incompatible with his enemy chto•acter. That is to say, he may carry on IleSti 111111 be sited as if war did not exist, for his enemy character is merged in that of a resident. An act of unfriendliness may lead to expulsion, and aid or eonfo•t given to the enemy, that is his home I:over •nt, is treason. While his temporary allegiance secures his pro tection, he may not be rompelled to serve in the armed forces of his residence, for no (?overnment could well compel him to commit treason against the country of his paramount alleginnee. It like wise follows that his property on the high seas bears the character of his residence o• domicile and is seizable by the anrbo•ities of his home country as enemy property. Internal trade is thus assimilated to trade of citizens and does not depend upon enemy eh:1111(1.er_ Foreign trade, that is trade beginning with in one enemy country and (Tossing into the country of the other, is trading across enemy lines, and is strictly and absolutely prohibited. This inhibition may be removed by a general o• particular license to trade, granted by the sovereign powers of the respective belligerents. Such a permission elimi nates the war for the purposes of trade. Fo• a full and accurate account of this important sub ject, see the two leading cases of The Nen /4 iOn (5 Wallace, 630) and Kershaw rs. Kt-1m.y (DM Mass., 561). For a short summary of the in fluence of war on trade in its various branehes, see INTERNATIONAL Law.
There arc, however, some relations into which belligerents are permitted to enter. Indeed, these relations can only arise in War: and if provided for during peace, the agreements concerning them are made in contemplation of war. These mat ters pertain to flags of truce, passports, safe condnets and safeguards, cartels. armistices, capitulations, and ransom bills. Negotiations between hostile forces are opened up by flags of truce—a white flag—borne by a member of the opposing force who advances to the enemy. The practice is sufficiently illustrated by Articles 111-114 of Instructions. A passport is a per mission in writing to an enemy subject to travel generally within belligerent territory from which he would otherwise be excluded. A safe-conduct differs from a passport in that it is a special permission to an enemy subject or vessel to travel or pass within defined points: while a safeguard, as its name implies, is a guard granted for pro tection to enemy property or his person. Article 86 of Inst•uctioans explains this and defines the authorities by whom the permission in question may be granted. All intercourse between the territories occupied by belligerent armies, wheth er by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be ob served without special proclamation. Exceptions to this rule, whether by safe-conduct, or permis sion to trade on a small or large scale, o• by exchanging mails, or by travel from one terri tory to the other, can take place only according to agreement approved by the Government. or by
the highest military authority. Contraventions of this rule are highly punishable." Cartels are more formal matters, and. according to the most eminent authority of the day, they are "a form of convention made in view of war or during its existenee in order to regulate the mode in which such direct intercourse as may he permitted be tween the belligerent nations shall take place, or the degree and manner in which derogations from the extreme rights of hostility shall be car ried out. They provide for postal and telegraphic communication, when such communication is allowed to continue, for the mode of reception of bearers of flags of truce, for the treatment of the wounded and prisoners of war. for exchange and the formalities attendant upon it, and for other like matters." (Hall, ,futereational Late, 093.) The term is most familiar in the form of cartel ship,, and in this commetion signifies a vessel sailing to defined points under a safe-eon duet for the exchange of prisoners of war. The purpose and the safmeonduct exempt from cap ture; but the slightest hostile art, or engaging in an otherwise forbidden act such as trade, for feits the privileged character. The vessel is un armed. although a gun may lw carried for pur poses of salute or signals. The various provisions relating to the exchange or parole of prisoners are found in Instructions, Articles 105•1l0; 11I 13-1, Armistices and capitulations are sufficiently defined in 1nsst•actiomw, 135-137 and 130.147, As regards naval operations the provisions of the Naval, Code, Articles 51-52, obtain. "Article 51. A truce or capitulation may be concluded. with out spacial authority, by the rommander of a naval force of the Plated States with the com mander of the forces of the enemy, to 1w limited, however, to their respective commands. A gen eral armistice requires an agreement between the respective belligerent goveritment. Article 52. After agreeing upon or signing a capitulation the eapitulator must neither injure nor destroy the vessels, property, o• stores in Ids possession that he is to deliver up, unless the right to do SO is expressly reserved to him ill the agreement or capitulation." In addition to these more formal and indefinite suspensions of hostilities, troves for short periods are entered into for the burial of the dead.
Ransom hills are perhaps the most complete exception to the rule prohibiting trade, for they are contracts not only made by individual enemies, but also enfo•eeable during the continu ance of war. They are nothing more nor less than the repurchase by the original owner of a vessel captured at sea. The contract is made in duplicate, one copy of which is given to the master of the captured vessel. and serves as a safe-conduct protecting the vessel from seizure by the enemy country o• its allies as long as a prescribed course is kept for the port of destina tion agreed upon. Variations from this course, unless arising from necessity, subject to second capture, and any excess of the ransom price in the amount realized on a sale gm, to the second captor. If the captured vessel is taken with the ransom bill on board, the bill is discharged. The system of ransom is of advantage to owner and captor; the owner repurchases at a lower figure and saves the crew from detention as prisoners. and the captor is freed from the necessity of sending the prize into port.