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War as to the use of telegraphic cables at that time. They read as follows:

“Belligerent war vessels should be prevented from using the telegraph for the purpose of sending in cipher or otherwise messages of which the object is to direct or influence warlike operations. A belligerent war vessel may, however, use the telegraph for messages which do not relate to proceedings of the belligerents, or for messages which are not in cipher narrating past operations and intended for general publication as news. Officers in command of belligerent war vessels should be informed that it is a condition of their being permitted to use the telegraph to guarantee and agree that they shall abstain from transmitting or procuring the transmission of any telegrams which concern the conduct of warlike operations. Vessels which merely carry dispatches may be permitted the telegraph, and should not, except under special circumstances, be subjected to the same conditions as belligerent war vessels with respect to not using the cable. Consular officers have a right to free communication with their governments whether plain or in cipher."

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CHAPTER VIII.

EFFECT OF WAR AS TO PERSONS. EFFECT OF WAR UPON

TRADE AND PROPERTY.

Effect of war as to persons in general.—The effect of war between two or more belligerents is to give an enemy character in varying degree to all persons and things pertaining to the belligerents. Some persons become enemies in the fullest sense of the word, that is, they may be killed or captured by the armed forces of the opposing state; others are enemies only in the sense that their business or freedom of movement suffers certain restrictions.

So with property it may be of such a nature, or under such conditions that it is subject to capture and total loss wherever and whenever it is lawful to carry on hostilities; while under other conditions it may be touched only in very special cases.

In a broad sense the citizens or subjects of a belligerent state are divided into two classes, combatants and noncombatants.

Non-combatants are those persons of the belligerent states not bearing arms and engaged in peaceful pursuits. They are, when disconnected from hostile movements, exempt from hostile attack or imprisonment. They are, however, exposed to all the personal injuries which may arise incidentally from military or naval operations, such as the bombardment of a town, the firing upon a ship carrying passengers, an attack upon the train of any army (which may involve chaplains, surgeons and volunteer nurses), and like acts of war.

The non-combatant population of districts that are invaded or are in the occupation of an enemy may also be compelled to perform certain services to the enemy.

A class of persons that comes rather between combatants and non-combatants are officers and seamen navigating the merchant vessels of a belligerent state. The members of this class are different from ordinary combatants in that they cannot properly make aggressive war, and they differ from ordinary non-combatants in that they can fight to defend their vessel if attacked, and fight to recover it if captured. Under these circumstances they are combatants and treated as such. If while part of a merchant vessel they attack any other merchant vessels they can be subjected to all the severities which the international rules of war permit against non-combatants who perform hostile acts against an enemy.

They are also so placed that they may become prisoners of war on account of their special fitness or readiness to become of use on board vessels of war. They have the sea-legs and

hands and stomachs to start with, and are accustomed to the habitat of seamen afloat. The merchant marine has been from time immemorial the nursery of the navy.

In 1870 Bismarck denied that sailors found in merchant vessels could be made prisoners of war, and threatened and finally did make reprisals on this account. The French Government in responding had no difficulty in showing that the usage of capturing sailors had been an invariable one; that the mercantile marine of a nation, apart from any question of privateering, is capable of being transformed at will into an instrument of war, and that where, as in Germany, all sea-faring men are subject to conscription for the navy, the reasons for capture were of double force. This reasoning though sound had no effect upon the actions of Bismarck; though Bismarck's action in turn has not affected the rule.

Surgeons and chaplains.—The position of surgeons and chaplains has been in the past an uncertain one. They were captured and detained as prisoners of war by the Confederates during the Civil War, while the instructions for the armies

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of the United States in the same war provided that they were only to be retained if the commander of the army capturing them had need of their services. Under the Geneva Convention of 1906, however, chaplains and medical officers and medical units are not subject to capture as prisoners of war, provided they do not commit acts harmful to an enemy. As these rules are almost universally adopted, this usage may be said to prevail.

It is generally conceded that certain non-combatants from their position and importance to the enemy can be made and retained as prisoners of war. These are the monarch and members of the reigning family, the chief executive and chief officers of the hostile government, diplomatic agents, and any person who for special reasons may be of importance at a special time to an enemy.

Combatants are persons enrolled and found in the military and naval service of the belligerent state. They may be killed or wounded in a fair fight, and if captured may be held as prisoners of war. They are entitled to all the rights of war as provided for in international law. Their nationality makes no difference in this respect unless they are subjects of the state against which they are fighting. In such case this state would have the right, should they be captured, to execute them as traitors, instead of considering them as prisoners of war.

Neutral subjects in the ranks of an enemy consequently receive the same treatment as enemy subjects, they have neither immunities nor special severities. Their own state may possibly at some future time punish them for breach of her neutrality regulations in joining a foreign army to fight against a state with which she is at peace, but, so far as the enemy state is concerned, they are lawful combatants.

1 See Par. 1, Art. 3, U. S. Naval War Code.

A question was raised in the Franco-German War, and since, as to the status of irregular troops, like the French franc tireurs, whether they should be recognized and treated as combatants. Certainly if such troops appear as tillers of the soil at one time and guerillas killing and wounding stragglers at the next moment, their position is illegal and a harsh treatment is excusable; but to condemn all irregular troops and to forbid the rising of the people en masse in order to repel an invasion of their country is quite another. A certain amount of organization with responsible chiefs and a recognizable uniform or badge should however be insisted upon. And above all arms should be carried openly.

There are some persons of the non-combatant class who possess the character of any enemy to a degree so as to effect their property in cases in which it is involved.

They are:

1. Persons residing in an enemy country though not subjects of it. These,” as Lawrence says,

“are enemies to one belligerent in so far as they are identified with the other.” That is to say, any property they possess in connection with their residence is enemy property, in case it is exposed to maritime capture, or in case the territory in which they reside is a place of warlike operations and actual hostilities. The fact that the person is a subject of the country of the invaders would not exempt his property or himself from disabilities, or from use if needed by a belligerent for military purposes.

2. Persons living in places in the military occupation of

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the enemy:

People in this class enrich the occupying enemy by contributing, though unwillingly, to his warlike resources. If the enemy is dispossessed they lose their enemy taint and become in all respects subjects of their own states. During our Civil War the courts held that all places in secure pos

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