TREATY OF PEACE. A treaty of peace is an agreement or contract made by bellig erent powers, in which they agree to lay down their arms, and by which they stipu late the conditions of peace and regulate the manner in which it is to be restored and supported. Vattel, b. 4, c. 2, § 9.
Peace may be restored between belliger ents by the cessation of hostilities; by the submission of one belligerent to another ; and 1331 a treaty of peace between the belliger ents; 3 PhilL Int. L. 772; a formal deelara Lion that war has ceased is not necessary ; id. The belligerents may agree that ter ritory and other property shall be restored as they were before the war, that is, ac cording to the status quo ante bellum; or that they shall remain as they were at the end of the war, which is expressed by the formula, uti possidetis (q. v.).
Overtures of peace may be made by either belligerent; or by a neutral; or by a state acting as a passive ally of either belligerent ; or a neutral power may act as a mediator or interpose its good offices ; 3 Phill. Int. L.
775.
Peace renders unlawful every act of force or violence between the states, and a cap ture, though made by a person ignorant of the completion, must be restored; 3 Phill, Int. L. 777; territory occupied after the treaty of peace must be evacuated, prisoners. must be liberated, and contributions imposed must be repaid; 2 Opp. § 272. Where a pe riod has been fixed by the treaty of peace for the cessation of hostilities, there is a difference of opinion as to whether a cap ture made before that period, but with knowledge of the peace, is lawful; that it is, see 1 Kent •172; 3 Phill. Int. L. 779. Where a capture was made before the pe riod fixed for a cessation of hostilities, and in ignorance of the peace, and after the period, but in ignorance of the peace, there was a recapture, the recapture was held un lawful; the intervention of peace barred the title of the owner ; 1 Kent 173 ; 6 C. Rob. 138.