ality less than sixty days before the outbreak of hostilities there is a presumption that the transfer is void. When the transfer was effected more than thirty days before the outbreak of hostilities, if it should be complete, there is an absolute presumption that it is valid, especially if it is made in conformity with the laws of the countries concerned, and if its effect should be such that neither the control of or the profits arising from the employment of the vessel remain in the same hands as before the transfer. If, however, the vessel lost her belligerent nationality less than sixty days before the outbreak of hostilities, and if the bill of sale is not on board, the capture of the vessel gives no right to damages. 2 Transfer of flag after the outbreak of hostilities.-The transfer of flag after the outbreak of hostilities is void, unless it is proved that such transfer was not made in order to evade the consequences to which an enemy vessel, as such, is exposed. Article 56 of the declaration goes on to say that “there is, however, an absolute presumption that a transfer is void." (1) If the transfer has been made during a voyage or in a blockaded port. (2) If a right to repurchase or recover the vessel is reserved to the vendor. (3) If the requirements of the municipal law governing the right to fly the flag under which the vessel is sailing have not been fulfilled. No particular provision could be agreed upon in the case of vessels transferred to a neutral flag but remaining in the same trade and on the same route as before. It is fair to say, however, that such vessels would have a presumption against the legality of their transfer. Art. 55, Decln. of London, Appendix. 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 war. 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. APPENDIX I. THE DECLARATION OF PARIS, 1856. DECLARATION RESPECTING MARITIME LAW SIGNED BY THE PLENIPO- RUSSIA, SARDINIA, AND TURKEY, ASSEMBLED IN CONGRESS AT 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 |