"You will also refuse clearances to all vessels which, whatever the ostensible destination, are believed by you, on satisfactory grounds, to be intended for ports or places in possession or under the control of insurgents against the United States, or that there is imminent. danger that the goods, wares, or merchandise, of whatsoever description, will fall into the possession or under the control of such insurgents. And in all cases where, in your judgment, there is ground for apprehension that any goods, wares, or merchandise shipped at your port will be used in any way for the aid of the insurgents or the insurrection, you will require substantial security to be given that such goods, wares, or merchandise shall not in any way be used to give aid or comfort to such insurgents. You will be especially careful, upon applications for clearances, to require bonds with sufficient sureties for fulfilling faithfully all the conditions imposed by law or departmental regulations from shippers of the following articles to the ports opened, or to any other ports from which they may easily be and are probably intended to be reshipped in aid of the existing insurrection, namely, liquors of all kinds, coals, iron, lead, copper, tin, brass, telegraph instruments, wire, porous cups, platinum, sulphuric acid, zinc, and all other telegraph materials, marine engines, screw propellers, paddle wheels, cylinders, cranks, shafts, boilers, tubes for boilers, fire bars, and every article whatever which is, can, or may become applicable for the manufacture of marine machinery or for the armor of vessels." Order of the Secretary of the Treasury, May 23, 1862, under the act of May 20, 1862, given in Mr. Seward, Sec. of State, to Mr. Stuart, British chargé, Oct. 3, 1862, Dip. Cor. 1862, 296, 300, 302–303. May 5, 1864, an Executive order was issued "authorizing and directing a relaxation of the restriction on the exportation of horses, in favor of the exportation of certain horses which have been bought for the personal use of the Emperor of the French and the captaingeneral of Cuba." Mr. Seward, Sec. of State, to Mr. Chase, Sec. of Treas., May 5, 1864, 64 By a joint resolution of Congress of April 22, 1898, the President was "authorized, in his discretion and with such limitations and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war from any seaport of the United States until otherwise ordered" by himself or by Congress. For the purpose of enforcing the provisions of this act, as well as of regulating the subject of exportations generally during the continuance of the war, a circular was issued by the Treasury Department April 27, 1898. Under the regulations and practice of that Depart ment, the interested persons were required to apply to the proper collector of customs for permission to clear the coal, stating who were the shippers and who the consignees. They were also required to make affidavit that the coal was not destined directly or indirectly for the enemies of the United States, and to agree to advise the Treasury Department by telegraph of the arrival of the coal at its destination immediately upon such arrival. The Treasury Department reserved the right to require the shipper to give bond for the transportation of the coal to the port for which clearance was asked, and from this bond he was not released till the cargo had arrived at that port or had been satisfactorily accounted for. This requirement was designed to prevent collusive captures, and was not as a rule exacted where the collector recommended the clearance and the standing of all the parties concerned was such as to convince the Treasury that the additional safeguard might be dispensed with. In this and in other particulars the action of the Treasury was largely governed by the circumstances of the case. The restrictions on exportation naturally resulted in a real or apprehended scarcity of coal at places which depended on the United States, in whole or in part, for their supply. At Vera Cruz, for example, where there is a considerable demand for the article for railways, double freight rates were offered for cargoes in the latter part of May. See Mr. Day, Sec. of State, to Mr. Andrade, Venezuelan min., June 6, 1898, MS. Notes to Venezuelan Leg. II. 22; Mr. Moore, Assist. Sec. of State, to Mr. Chamberlain, Bureau of Navigation, Treasury Dept., May 25, 1898, 227 MMS. Dom. Let. 641. By a proclamation of Oct. 14, 1905, the President, by virtue of the authority conferred upon him by the joint resolution of April 22, 1898, prohibited the export of arms and munitions of war from the United States or Porto Rico to the Dominican Republic, " until otherwise ordered by the President or by Congress." See supra, § 962. 8. PROTECTION OF NEUTRAL PERSONS AND PROPERTY. § 1118. Neutral persons and their property "are as a general principle exposed to the same extent as noncombatant enemy subjects to the consequences of hostilities. . . . To a certain extent however, which is not easily definable, neutral persons taken as individuals are in a more favourable position, relatively to an occupying belligerent, than are the members of the population with which they are mixed." Special measures are often taken to save them, so far as may be practicable, from the injurious effects of military operations. Hall, Int. Law, 5th ed. 736–738. During the contest in Mexico between the constitutional government of President Jaurez at Vera Cruz, and the Miramon government occupying the capital, the Government of the United States sent a naval force to the Mexican coast for the protection of the persons and property of American citizens. On March 4, 1860, while the forces of General Miramon were besieging Vera Cruz, Captain Jarvis, of the U. S. S. Savannah, in command of the United States naval forces, directed Commander Turner, of the U. S. S. Saratoga, to visit General Miramon and ascertain his intentions touching the persons and property of American citizens in Vera Cruz in the event of his taking the city. Commander Turner accordingly called upon General Miramon at the latter's headquarters near Vera Cruz. In response to Commander Turner's inquiries, General Miramon stated that he should respect the persons and property of all foreigners and afford them all the protection which it was in his power to give. Commander Turner then said that, having received this assurance, he was further instructed to say that in the event of an attack upon or of the capture of the city, Captain Jarvis would cause the flag of the United States to be hoisted at the flagstaff of each house covering American citizens and property, in order that they might, as far as possible, be preseved from danger and damage by bombardment and the occupants receive that respect on the part of the troops which General Miramon had expressed his intention to pay. General Miramon signified his concurrence in this arrangement, stating that he should bear it in mind, and expressed the hope that it would be effectual in preserving American citizens and property from injury. Report of Commander Turner, March 4, 1860, S. Ex. Doc. 29, 36 Cong. 1 sess. 4. In July, 1898, when the invasion of Porto Rico by the American forces was expected, the captain-general of the island, upon the petition of the foreign consuls, recognized in writing the neutrality of a point selected outside the city of San Juan, where the foreign residents took refuge. On the Government of the United States being advised of this arrangement, the Secretary of War telegraphed to the commander of the American forces as far as practicable to recognize it. For. Rel. 1898, 799, 800. 9. PROHIBITED MEASURES. (1) PARTICULAR ACTS. $1119. "29. Modern times are distinguished from earlier ages by the existence at one and the same time of many nations and great governments related to one another in close intercourse. "Peace is their normal condition; war is the exception. The ultimate object of all modern war is a renewed state of peace. "The more vigorously wars are pursued the better it is for human ity. Sharp wars are brief. "30. Ever since the formation and coexistence of modern nations, and ever since wars have become great national wars, war has come to be acknowledged not to be its own end, but the means to obtain great ends of state, or to consist in defense against wrong; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted; but the law of war imposes many limitations and restrictions on principles of justice, faith, and honor." Instructions for the Government of Armies of the United States in the "11. The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. "It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts. "Offenses to the contrary shall be severely punished, and especially so if committed by officers." Instructions for the Government of Armies of the United States in the "ARTICLE XXII. The right of belligerents to adopt means of injuring the enemy is not unlimited. "ARTICLE XXIII. Besides the prohibitions provided by special Conventions, it is especially prohibited: "(a.) To employ poison or poisoned arms; "(b.) To kill or wound treacherously individuals belonging to the hostile nation or army; "(c.) To kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion; "(d.) To declare that no quarter will be given; "(e.) To employ arms, projectiles, or material of a nature to cause superfluous injury; "(f.) To make improper use of a flag of truce, the national flag, or military ensigns and the enemy's uniform, as well as the distinctive badges of the Geneva convention; "(g.) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war." Convention respecting the Laws and Customs of War on Land, The Hague, July 20, 1899, 32 Stat. II. 1817. "148. The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such international outlawry; on the contrary, it abhors such outrage. The sternest retalliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism." Instructions for the Government of Armies of the United States in the (2) BOMBARDMENT OF UNDEFENDED TOWNS. § 1120. "ARTICLE XXV. The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited." Convention respecting the Laws and Customs of War on Land, The Hague, July 29, 1899, 32 Stat. II. 1818. (3) PILLAGE. § 1121. "ARTICLE XXVIII. The pillage of a town or place, even when taken by assault, is prohibited." Convention respecting the Laws and Customs of War on Land, The Hague, "44. All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maiming, or killing of such inhabitants, are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. "A soldier, officer, or private, in the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior.” Instructions for the Government of Armies of the United States in the |