as in the case of the capture of an enemy's vessel of war if she surrenders after being brought to by the firing of the summoning gun. To bring any vessel to, this gun is fired, loaded with a blank charge, and pointed in the direction of the vessel approached. If this should not be sufficient to cause the vessel approached to lie to, a projectile is fired across her bows, and in case of continued flight or resistance a projectile can be fired at the vessel and force can be used to compel her to stop or surrender.

In case no colors are shown or any other colors than those of the enemy, the pursuing or intercepting vessel proceeds to exercise the right of search and visit. This is done by sending one of its boats alongside with one or more officers in charge wearing side arms to conduct the search. Arms may be carried in the boat, but as a rule not upon the persons of the men unless there is reason to expect immediate resistance. When the boarding officer goes on board of the vessel he may be accompanied by not more than two men, unarmed, unless circumstances require otherwise. The boarding officer, after making known the object of his visit, then examines the vessel's papers to ascertain her nationality, the nature of her cargo and the ports of departure and destination. If the papers show the vessel to be an enemy, or carrying contraband, engaged in unneutral service or in the violation of blockade, the vessel should be seized; otherwise she should be released unless suspicious circumstances justify a further search and consequent detention. If the vessel be released an entry in the log-book to that effect should be made by the boarding officer.

The exercise of the right of search during war is conferred upon properly commissioned and authorized vessels of war. The exercise of the right of capture is now conferred upon vessels of the same character.

Sending in as a prize.―After a prize is made it should be sent in for adjudication, unless otherwise directed, to the nearest suitable port within the territorial jurisdiction, in our case, of the United States of America in which a prize court may take action.

The prize should be delivered to the court as nearly as possible in the condition in which she was at the time of seizure, and to this end her papers should be carefully sealed at the time of seizure and kept in the custody of the prize master.

All witnesses whose testimony is necessary to the adjudication of the prize should be detained and sent in with her, and if circumstances permit it is preferable that the officer making the search should act as prize master. The title to property requiring adjudication as a prize changes only by the decision rendered by the prize court; hence the national colors of the vessel seized remains her proper flag until such decision is rendered.

Destruction of enemy vessels as prizes.-As a rule the captured enemy merchantman must not be destroyed but sent in as a prize to port for adjudication by a prize court. In case of military or other necessity, however, these vessels may be destroyed or they may be retained for the service of the government of the captor. Whenever captured vessels, arms, munitions of war or other material are destroyed or taken for the use of the United States before coming into the custody of the prize court, they are to be surveyed, appraised and inventoried by persons as competent and impartial as can be obtained, and the survey, appraisement and inventory is to be sent to the prize court where proceedings are to be held. Unseaworthiness, the existence of infectious disease or the lack of a prize crew are sufficient reasons for the destruction of an enemy prize, and if there should be no doubt that the enemy vessel was a proper prize the imminent danger of re

capture would justify destruction. Of course, with the Declaration of London ratified and in full force, if the captured vessel jeopardizes by its presence the success of any military operations it may be destroyed, as a neutral prize also may be destroyed under the same circumstances. In a similar manner an enemy merchant vessel carrying neutral goods may be destroyed with the goods, as in the case of the neutral prize.

Vessels employed exclusively in coast fisheries, or small boats employed in local trade, are exempt from capture, together with their appliances, rigging, tackle and cargo.

This exemption ceases as soon as they take any part whatever in hostilities, or are prepared for military purposes or assistance.

The laws of war upon land being a subject of separate study, I will not enter now into this question except to state that these laws hold good for sea warfare wherever circumstances make them applicable.

Submarine cables in war time.-A convenient expression upon the question of dealing with submarine telegraphic cables may be found in Article 5 of the late United States Naval War Code, which reads as follows:

1. Submarine telegraphic cables between points in the territory of an enemy, or between the territory of the United States and that of an enemy, are subject to such treatment as the necessities of war may require.

2. Submarine telegraphic cables between the territory of an enemy and neutral territory may be interrupted within the territorial jurisdiction of the enemy.

3. Submarine telegraphic cables between two neutral countries shall be held inviolable and free from interruption.

It may be of interest to state here the instructions given by the British Government during the Spanish-American

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."

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.