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violation of its terms or some act which is opposed to the state of the suspension of arms. In a general way it may be

. said that any military operations which would have to be done under fire should not be done during an armistice, but any act which could be done without reference to the enemy is proper during an armistice.

During a general armistice each belligerent may do what it pleases beyond the zone of actual hostile operations. Ships can be fitted out, troops moved and recruits made. As to the revictualling of besieged places the fair plan would be to allow it to be supplied every few days in order to keep up the state at the time of the armistice. This is, however, a matter for special agreement, or if the besiegers are the strongest party at their option. The Germans, for instance, in 1871 refused to allow Paris to receive any provisions during the armistice which preceded its final surrender.

Cartel.--A cartel, or rather a cartel of exchange, is a formal written agreement entered into by the opposing belligerents for the exchange of prisoners. A cartel is a convention of weighty character which imposes solemn obligations upon both parties, in which both the national honor and faith is involved. A cartel can be made between commanders-in-chief or by the governments through other agents.

A cartel ship is a vessel employed to exchange prisoners or to arrange under a flag of truce for cessation of hostilities or similar matters. The cartel ship is neutralized by her office and is unarmed.

Capitulation.—A capitulation is an agreement for the surrender of a military or naval force or of a fortified place, the terms of which are settled by the opposing commanders. The conditions of a capitulation should be such as would not involve any unnecessary disgrace or ignominy. Private effects should not be required to be surrendered and officers are generally allowed to retain their swords.

A capitulation is subject to disapproval and revocation by the government of either commander. The capitulation of General Johnson to General Sherman in North Carolina during the Civil War was repudiated by the government at Washington upon the ground of its assuming to deal with political issues.

Such stipulations in excess of the powers of commanders are sometimes called sponsions and are null and void unless the principals on each side accept them. The main conditions of General Sherman's agreement that were not acceptable to the Federal Government were those recognizing the state governments which submitted to the Federal authorities and those guaranteeing to the people of the Confederacy their political rights and franchises as citizens of the United States.

If an officer in chief command of an army, fleet or fortified place makes stipulations affecting other portions of the field of operations not within his control, these stipulations must be ratified by the commander-in-chief before they become valid.

Termination of war.—War between civilized states almost always ends by the conclusion of a treaty of peace. Sometimes, however, the war fades away by the inability, or a want of desire, to continue hostilities, and no treaty is made as in the war between Spain and Chile, 1867, and France and Mexico, 1864, and sometimes it ends also without treaty when the nationality or existence of one of the belligerents disappears, as in the case of the third partition of Poland or of the fall of the Southern Confederacy.

Treaties of peace or inconclusive terminations.-A treaty

peace as a rule settles all the matters in dispute between the belligerents. There are instances, however, as in the case of our second war with Great Britain, when to an earnest desire for peace on both sides is added a practical impossibility of settling the questions which brought on the war. In this

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case the Treaty of Ghent established peace and amity between Great Britain and ourselves, but dealt with little else except various boundary questions which were of no particular importance as causes of the war or of its prolongation.

The Constitution of the United States in vesting in the President, by and with the advice and consent of the Senate, the authority to make treaties constitutes him, with that body, the peace-making power of the Republic so far as foreign nations are concerned. Under the circumstances of his position he generally takes the initiative, though Congress can compel him to act for peace by refusing the means of carrying on war.

The war status in foreign wars is held to end with the date of the treaty or agreement, formally entered upon, with the opposing belligerent. The date is generally announced in a public manner by a proclamation by the President.

In the case of civil wars, rebellions, etc., in the absence of any legislative provision upon the subject, a proclamation by the President to the effect that hostilities have come to an end or that the rebellion has been suppressed is ordinarily accepted as fixing an authoritative date for the discontinuance of the status belli.

In our Civil War different states of the Union were named in different proclamations, and hence the Civil War closed at different dates in different states.

A treaty of peace has been well defined as an act by which the belligerent governments, taking into consideration the state of their forces and the results of the war, determine their respective pretensions and convert them into rights and obligations.

As soon as peace is established all acts must cease which are permitted only in time of war.

“Thus," says Hall, "if an army is in occupation of hostile territory when peace is made, not only can it levy no more contributions or requisitions during such time as may elapse before it evacuates the country, but it cannot demand arrears of those of which the payment has been already ordered. It is obviously not an exception to this rule that an enemy may be authorized by the treaty of peace itself to do certain acts which, apart from agreement, would be acts of war, such as to remain in occupation of territory until specific stipulations have been fulfilled, or to levy contributions or requisitions if the subsistence of the troops in occupation is not provided for by the government of the occupied district.”

Preliminaries of peace are arrangements intended to put an end to hostilities without waiting for the delays incident to the discussions preceding the establishment of a regular and definite treaty of peace. In the Chino-Japanese War an armistice was agreed to on March 30, the actual treaty of peace not being ratified and effective until the 8th of the following May.

Very often the preliminaries provide for more than a cessation of hostilities, containing stipulations which are afterwards, with changes of detail, incorporated into the treaty of peace.

Commencement of peace. When a treaty fixes a date in the future for the commencement of peace, which is very exceptional in practice, it is done on account of the delay in notifying regions in which hostilities are still going on. This is, of course, a rare instance in these days of quick communication. It may happen, however, even now in distant seas or in inland territories, and it may happen also that official information reaches such vessels or such forces before the time designated as the commencement of peace. Under such circumstances it is considered proper if the news is official and well authenticated to have hostilities stop and the state of peace begin.

A naval or military commander is not obliged, however, to accept any informaticn as to peace which is not duly authenticated by his own government. The consequences of suspending hostilities upon false news may be very serious, and if it were once established that commanders were bound to act upon information obtained otherwise than by official sources from their own government it might be difficult to prevent them from being misled by intentional deceit.

Captures with respect to period of peace.-In the Treaty of Ghent it was provided that hostilities were to cease upon the ratification of the treaty, and prizes taken after that date were to be restored, but with a time allowance for the intelligence of the peace to reach the various parts of the seas of the world. An American cruiser captured a British vessel before the period fixed for the cessation of hostilities, and in ignorance of the fact, but before the prize had been condemned, it was recaptured at sea by a British ship of war after the period fixed for the cessation of hostilities, but also without knowledge of the peace. It was judicially determined that the capture by the American was lawful, but the recapture, after the peace, was not lawful.

Uti possidetis.—The commencement of peace put an end to all force, and then the general principle is in force that things acquired in war remain, as to title and possession, as they stood when the peace began. This general principle is known as the uti possidetis, and is the basis of every treaty of peace unless the contrary is expressly stipulated. “Peace,” says Wheaton, “gives a final and perfect title to captures without condemnation, and as it forbids all force it destroys all hope of recovery as much as if the captured vessel was judiciously condemned.”

Case of the “Mentor.”—In the case of the “Mentor," an American vessel captured by British ships off the Capes of the Delaware after the cessation of hostilities, though in ignorance of the fact, it was held in the British Admiralty Court by

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