or they may be interned in determinate places, or yet may be expelled, a brief delay being allowed them for settling up their affairs. But such measures, although justified by the right of self-preservation, are less and less practiced and are often criticised as not being in harmony with the spirit of modern war. Rivier, Principes du Droit des Gens, II. 230. In 1755 British subjects By treaties of commerce it has often been stipulated that the citizens of the one country residing within the territories of the other shall, in the event of war, have a certain time within which to collect or dispose of their effects and depart. In yet other cases it has been provided that such persons may during the war continue their residence and business, so long as they behave themselves. See, for example, the treaty between the United States and the Argentine Confederation, July 10, 1853, Article XII. "Japanese subjects are allowed to continue, under the protection of the Russian laws, their sojourn and the exercise of peaceful occupations in the Russian Empire, excepting in the territories which are under the control of the imperial viceroy in the Far East.” Imperial Russian order, Feb. 14, 1904, For. Rel. 1904, 727; also Monthly 7. PROHIBITION OF EXPORTS. § 1117. A libel was filed against the French privateer La Vengeance for forfeiture for exporting arms and munitions of war in violation of the act of May 22, 1793, prohibiting such exportation for a year. The district court made a decree of forfeiture, which was reversed by the circuit court on the ground that there had been no exportation within the meaning of the statutes. The Supreme Court affirmed the decree of the circuit court with costs, but the next day ordered the words "with costs" to be stricken out," as there appeared to have been some cause for the prosecution." The question whether costs could in any case be awarded against the United States was left open. United States v. La Vengeance (1796), 3 Dall. 297, 301. The act of May 22, 1793, was passed, not during war, but in expectation or apprehension of war. As to the British royal proclamation issued Nov. 30, 1861, in apprehension of hostilities on account of the case of the Trent, prohibiting the exportation from the United Kingdom of gunpowder, saltpeter, nitrate of soda, and sulphur, see Moore, Int. Arbitrations, IV. 4379. April 14, 1862, the Secretary of the Treasury, by order of the President, ordered collectors of customs to "clear no vessel with anthracite coal for foreign ports nor for home ports south of Delaware Bay till otherwise instructed." May 18, 1862, this order was "so far modified as to apply only to ports north of Cape St. Roque, on the eastern coast of South America, and west of the fifteenth degree of longitude east." On July 30, 1864, these orders were modified so far as to permit the exportation of anthracite coal to Canada, except by sea, on condition that the Canadian government should prevent the exportation or use of the article on seagoing vessels. Appropriate action for the fulfillment of this condition was taken by the governor-general of Canada. Mr. Seward, Sec. of State, to Mr. Stuart, British chargé, Oct. 3, 1862, Dip. "Until further instructed you will regard as contraband of war the following articles, viz: Cannon, mortars, fire-arms, pistols, bombs, grenades, firelocks, flint, matches, powder, saltpetre, balls, bullets, pikes, swords, sulphur, helmets or boarding caps, sword belts, saddles and bridles, always excepting the quantity of the said articles which may be necessary for the defense of the ship and of those who compose the crew, cartridge-bag material, percussion and other caps, clothing adapted for uniforms, rosin, sail cloth of all kinds, hemp and cordage material, ship lumber, tar and pitch, ardent spirits, military persons in the service of the enemy, despatches of the enemy, and articles of like character with those specially enumerated. 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. |