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Enemy character.—Upon the question of the status or character of a merchant vessel in war time it may be regarded as settled that the flag carried is the test of its character. Upon the subject of the goods carried no agreement was reached, as the question of the domicile or nationality of the owner became involved, and our government was not prepared to give up domicile as a test of ownership, hence no agreement was reached and the question still remains open.
Exemption of convoy from search.--Upon the question of exemption of neutral vessels from search while under neutral convoy the doctrine of exemption so long upheld by the United States was agreed to, and the responsibility for the convoyed vessels rests with the commander of the convoying vessel of
Resistance to search.-In Article 63 of the Declaration of London it is held that “forcible resistance to the legitimate exercise of the right of stoppage, search and capture, involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods." :
3 Appendix, p. 305.
THE DECLARATION OF PARIS, 1856. DECLARATION RESPECTING MARITIME LAW SIGNED BY THE PLENIPO
OF GREAT BRITAIN, AUSTRIA, FRANCE, PRUSSIA, Russia, SARDINIA, AND TURKEY, ASSEMBLED IN CONGRESS AT
PARIS, APRIL 16, 1856. The plenipotentiaries who signed the Treaty of Paris of March 30th, 1856, assembled in conference, considering:
That maritime law, in time of war, has long been the subject of deplorable disputes;
That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts;
That it is consequently advantageous to establish a uniform doctrine on so important a point;
That the plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their governments are animated than by seeking to introduce into international relations fixed principles in this respect;
The above-mentioned plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration:
1. Privateering is, and remains abolished.
2. The neutral flag covers enemy's goods, with the exception of contraband of war.
3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.
4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
The governments of the undersigned plenipotentiaries engage to bring the present declaration to the knowledge of the states which have not taken part in the Congress of Paris, and to invite them to accede to it.
Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned plenipotentiaries doubt not that the efforts of their governments to obtain the general adoption thereof will be crowned with full success.
The present declaration is not and shall not be binding, except between those powers who have acceded or shall accede to it.
REGULATIONS CONCERNING THE LAWS AND CUSTOMS
OF LAND WARFARE.
CHAPTER 1.-The Character of Belligerents.
ARTICLE 1. The laws, the rights, and the duties of war apply not only to the army, but also to militia and volunteer organizations combining the following conditions:
1. Having at their head a person who is responsible for his subordinates.
2. Having a permanent distinctive sign recognizable at a distance.
3. Openly bearing arms.
4. Conforming to the laws and customs of war in their operations.
In countries where the militia or volunteer organizations constitute or form part of the army, they are comprised under the denomination of army.
ARTICLE 2. The inhabitants of an unoccupied territory who, on the approach of an enemy, spontaneously take up arms in order to repel the invading troops, without having had time to organize in accordance with Article 1, shall be considered as a belligerent if they bear arms openly and respect the laws and customs of warfare.