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with wireless telegraph apparatus shall be seized as lawful prize.” Mr. Hay, Secretary of State, in taking note of this declaration said that the United States did not waive any right which it might have in international law in the case of any American citizen who might be arrested or of any American vessel that might be seized.

For. Rel. 1904, 729.

The British Government made a similar reservation. (For. Rel. 1904, 332, 333.)

"A spy is a person sent by one belligerent to gain secret information of the forces and defenses of the other, to be used for hostile purposes. According to practice, he may use deception under the penalty of being lawfully hanged if detected. To give this odious name and character to a confidential agent of a neutral power, bearing the commission of his country, and sent for a purpose fully warranted by the law of nations, is not only to abuse language but also to confound all just ideas, and to announce the wildest and most extravagant notions, such as certainly were not to have been expected in a grave diplomatic paper; and the President directs the undersigned to say to Mr. Hülsemann that the American Government would regard such an imputation upon it by the cabinet of Austria, as that it employed spies, and that in a quarrel none of its own, as distinctly offensive, if it did not presume, as it is willing to presume, that the word used in the original German was not of equivalent meaning with spy' in the English language, or that in some other way the employment of such an opprobrious term may be explained. Had the Imperial Government of Austria subjected Mr. Mann to the treatment of a spy it would have placed itself without the pale of civilized nations, and the cabinet of Vienna may be assured that if it had carried, or attempted to carry, any such lawless purpose into effect in the case of an authorized agent of this Government, the spirit of the people of this country would have demanded immediate hostilities to be waged by the utmost exertion of the power of the Republic, military and naval."

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Mr. Webster, Sec. of State, to Mr. Hülsemann, Dec. 21, 1850. MS. Notes German States, VI. 265. See further as to Mr. Mann's case, supra, $ 72.

As to André's case, see 3 Phill. Int. Law (3d ed.), 168.

7. DESERTERS.

§ 1133.

"48. Deserters from the American Army, having entered the service of the enemy, suffer death if they fall again into the hands of the United States, whether by capture or being delivered up to the

American Army; and if a deserter from the enemy, having taken service in the Army of the United States, is captured by the enemy, and punished by them with death or otherwise, it is not a breach against the law and usages of war, requiring redress or retaliation.

Instructions for the Government of Armies of the United States in the
Field, General Orders, No. 100, April 24, 1863, War of the Rebellion,
Official Records, series 3, vol. III. 154.

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VIII. TREATMENT OF THE WOUNDED.

§ 1134.

"ARTICLE I. Ambulances and military hospitals shall be acknowledged to be neuter, and, as such, shall be protected Geneva Conven- and respected by belligerents so long as any sick or wounded may be therein.

tion, 1864.

"Such neutrality shall cease if the ambulances or hospitals should be held by a military force.

"ART. II. Persons employed in hospitals and ambulances, comprising the staff for superintendence, medical service, administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so employed, and so long as there remain any wounded to bring in or to succor.

"ART. III. The persons designated in the preceding article may, even after occupation by the enemy, continue to fulfill their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the crops to which they belong.

"Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy.

“ART. IV. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals can not, in withdrawing, carry away any articles but such as are their private property.

"Under the same circumstances an ambulance shall, on the contrary, retain its equipment.

"ART. V. Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it.

"Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed.

"ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong.

"Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement when circumstances permit this to be done, and with the consent of both parties.

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Those who are recognized, after their wounds are healed, as incapapble of serving, shall be sent back to their country.

"The others may also be sent back, on condition of not again bearing arms during the continuance of the war.

"Evacuations, together with the persons under whose directions they take place, shall be protected by an absolute neutrality.

"ART. VII. A distinctive and uniform flag shall be adopted for hospitals, ambulances and evacuations. It must, on every occasion, be accompanied by the national flag. An arm-badge (brassard) shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority.

"The flag and the arm-badge shall bear a red cross on a white ground.

"ART. VIII. The details of execution of the present convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective governments, and in conformity with the general principles laid down in this convention.

ART. IX. The high contracting Powers have agreed to communicate the present convention to those Governments which have not found it convenient to send plenipotentiaries to the International Conference at Geneva, with an invitation to accede thereto. The protocol is for that purpose left open."

Convention for the amelioration of the condition of the wounded in the field, signed at Geneva, Aug. 22, 1864.

The original signatories were Switzerland, Baden, Belgium, Denmark,
Spain, France, Hesse, Italy, Netherlands, Portugal, Prussia, Würtem-
berg.

The adhesion of the United States was proclaimed by President Arthur,
July 26, 1882.

"ARTICLE XXI. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of the 22nd August, 1864, subject to any modifications which may be introduced into it."

Convention respecting the Laws and Customs of War on Land, The
Hague, July 29, 1899, 32 Stat. II. 1817.

The Hague Conference adopted a resolution as follows: "The conference, taking into consideration the preliminary steps taken by the Federal Government of Switzerland for the revision of the conven

tion of Geneva, expresses the wish that there should be in a short time a meeting of a special conference having for its object the revision of that convention." This resolution was voted unanimously.

For. Rel. 1899, 513, 520.

Bill (S. 2931) to incorporate the American National Red Cross and to protect its insignia. Report of Mr. Money, Com. on For. Rel., Feb. 14, 1900, S. Rept. 391, 56 Cong, 1 sess.

Report of Mr. Gillett, Com. on For. Aff., March 23, 1900, H. Rept. 758, 56 Cong. 1 sess.

IX. INTERRUPTION OF COMMERCIAL RELATIONS.

1. SUSPENSION OF INTERCOURSE.

§ 1135.

After a declaration of war, all intercourse, and not merely trading, is forbidden; and an American citizen can not lawfully send a vessel to the enemy's country to bring away his property.

The Rapid (1814), 8 Cranch, 155.

In war, all intercourse between the subjects and citizens of the belligerent countries is illegal, unless sanctioned by the authority of the government or in the exercise of the rights of humanity.

The Julia (1814), 8 Cranch, 181.

Fat cattle are provisions, or munitions of war, within the meaning of the act of Congress of July 6, 1812 (2 Stat. 778), "to prohibit American vessels from proceeding to or trading with the enemies of the United States, and for other purposes."

United States v. Barber (1815), 9 Cranch, 243.

By section 2 of the act of July 6, 1812 (2 Stat. 778), it was made a misdemeanor for any citizen or inhabitant of the United States to transport any "naval or military stores, arms or the munitions of war, or any article of provision," from the United States to upper or lower Canada, Nova Scotia, or New Brunswick. Held, "that fat cattle are provisions, or munitions of war, within the true intent and meaning of the act."

United States v. Barber (1815), 9 Cranch, 243.

Though, as was held in United States v. Barber, fat cattle were "provisions or munitions of war" under the act of July 6, 1812, yet it was decided that the driving such cattle on foot was not a portation" of them within the meaning of the act.

United States v. Sheldon (1817), 2 Wheat. 119.

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"86. All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be observed without special proclamation.

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Exceptions to this rule, whether by safe-conduct or permission to trade on a small or large scale, or by exchanging mails, or by travel from one territory into 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.

"87. Ambassadors, and all other diplomatic agents of neutral powers accredited to the enemy may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary, and unless they may reach the place of their destination conveniently by another route. It implies no international affront if the safe-conduct is declined. Such passes are usually given by the supreme authority of the State, and not by subordinate officers."

Instructions for the Government of Armies of the United States in the
Field. General Orders, No. 100, April 24, 1863, War of the Rebellion.
Official Records, series 3, III. 157.

Purchases by neutrals, though bona fide for value, from persons. who had purchased in contravention of the statute of July 13, 1861, and the subsequent proclamation of the President, making all commercial intercourse between any part of a State where insurrection against the United States existed and the citizens of the rest of the United States "unlawful," were invalid, and the property so purchased was liable to capture.

The Ouachita Cotton, Wall. 521.

Commercial intercourse between States at war with each other is interdicted. It needs no special declaration on the part of the sovereign to accomplish this result, for it follows from the very nature of war that trading between the belligerents should cease.

United States v. Lane, 8 Wall. 185; McKee v. United States, id. 163.

Every kind of trading or commercial dealing or intercourse, whether by transmission of money or of goods, or orders for the delivery of either between two countries at war, directly or indirectly, or through the intervention of third persons or partnerships, or by contracts in any form looking to or involving such transmission, is prohibited.

Quoted in Montgomery r. United States, 15 Wall. 395, from Kershaw v.
Kelsey, 100 Mass. 561; United States v. Lapène, 17 Wall. 601.

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