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The rule, that interest is not recoverable on debts between alien enëmies, for the time of the war, is only applied where the money was to be paid to an enemy directly. When the creditor, or an agent appointed to receive the debt, resides in the same jurisdiction as the debtor, interest continues. Ward v. Smith, 7 Wallace's U. S. Supr. Ct. Rep., 453. This rule was held not to apply to a civil war, in Shortridge v. Macon, 1 Abbott's United States Rep., 58; S. C., 1 American Law Review, 95.

CHAPTER LXX.

EFFECT OF A STATE OF WAR UPON INTERCOURSE.

ARTICLE 911. Diplomatic intercourse.

912. Rights of public agents of neutral nation

accredited to belligerent nation.

913. Interdiction of entrance of foreigners.

914. Interdiction of communication.

915. Mail service.

916. Foreigners' rights of residence and vocation.

917. Safe conducts.

918. Effect of safe conducts.

919. Passports.

920. Interdiction of interior traffic,

921. Intercourse across lines of military occu

pation.

922. Private ships surprised by war.

923. Voyages commenced.

924. Intercourse of active enemies.

925. Intercourse subserving the purpose of war:

926. Lawful intercourse.

927. Commencement and termination of ille

gality.

928. Transfer of ships during war.

929. Penalty of illegal traffic and intercourse.

Diplomatic intercourse.

911. During war, or at any time after the declaration thereof, a belligerent may expel any or all public agents appointed or accredited to it by the enemy. Diplomatic relations shall not entirely cease, but thereupon each belligerent shall designate the representative of some friendly nation, party to this Code, through

whom it may maintain communication with the other belligerent while the ordinary diplomatic relations are interrupted.'

See Article 93.

The law should authorize expulsion, not merely the deprivation of official power.

For an account of the humane labors of Mr. Washburn on behalf of the German population of Paris, see Foreign Relations of the United States, 1871, p. 266.

1 The invoking of such friendly offices, which has already been practiced with the most advantageous results, now requires the consent of the belligerent to which the representatives of friendly powers undertaking such offices are accredited. See Foreign Relations of the United States, 1870, p. 119, et seq. The adoption of the above Article will give neutral representatives a right thus to intervene. The present rule of the United States government requires the consent of both the nations concerned. Foreign Relations of the United States, 1871, p. 543.

Rights of public agents of neutral nation accredited to belligerent nation.

1

912. Public agents appointed or accredited by a neutral nation to a belligerent, have a right, notwithstanding the war, to go to and remain at their posts; to send or receive their official dispatches under the official seal of themselves or their governments; and to pass through the military lines of the hostile nation, together with their families, official and personal, when necessary for the purpose of reaching or removing from their respective posts.

Letter of Mr. Fish, Foreign Relations of the United States, 1871,

p. 401.

2 In the Franco-Prussian war, during the siege of Paris, the official dispatches between the government of the United States and their legation in Paris, were transmitted to and fro, across the lines, by the belligerents, subject, however, to delay imposed by the military forces. Private correspondence and newspapers were also allowed transmission into Paris in the official dispatch bag, the former being examined to exclude everything relating to the war, and newspapers being passed on a pledge that they should only be read by the American minister. Foreign Relations of the United States, 1871, pp. 283–287.

The right of the neutral government to communicate with its representative in the besieged city, was not fully conceded by Count Bismarck,

(Id., pp. 291, 363,) although he was understood by the government of the United States to have conceded it. (Id., p. 377.) But his refusal to recognize it was based partly on the plea that a fortified capital was unprecedented; (Id., p. 372,) and partly upon the plea that the French Republic had not been recognized by the German powers. Id., p. 365.

Perhaps the same right of communication with the hostile nation should be secured to those public agents, who under the last Article have undertaken to use their friendly offices in behalf its members.

3 See Letters of Count Bismarck, Foreign Relations of the United States, 1871, pp. 293, 373; Letter of Mr. Fish to Mr. Bancroft, Id., p. 377.

Interdiction of entrance of foreigners.

913. A belligerent may by interdiction render unlawful the entrance of passive enemies into its territory; and, may close any or all of its military ports, in the manner and to the extent provided in Chapter LXVII., entitled BLOCKADE.

1 The entrance of active enemies is of course a lawful hostility.

Interdiction of communication.

914. A belligerent may, in case of military necessity, suspend, wholly or in part, railway and telegraphic communication across its territorial boundaries.

Mail service.

915. The mail service shall not be affected by war between the corresponding nations, until after one nation has received from the other a notification of its restriction or suspension of postal communication.' The mail service between a belligerent and a neutral nation shall not be affected by war.

1 Postal convention between Great Britain and

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These treaties also provide that upon a notification by one belligerent of the discontinuance of postal communications with another, the mail packets of the two countries shall be permitted to return freely and under special protection to their respective ports; which is sufficiently embraced in Articles 845, 922 and 923.

The postal convention between the United States and

Great Britain, Dec. 15, 1848, Art. XX., 9 U. S. Stat. at L., (Tr.,) 146. Dec. 11, 1861, " IX., 12 Id., 1205,

Mexico,

each provide that the mail service shall continue until six weeks after a notification shall have been made of the discontinuance of postal communications.

And by the postal convention between the United States and

Bremen, March 28, 1864, 16 U. S. Stat. at L., (Tr.,) 177.

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it is provided that, whenever in consequence of war, or threatened war, the correspondence between the two nations cannot be conveyed by steamers of either nation, it may be conveyed by steamers under neutral flags, subject to all the regulations contained in the postal conventions between the two nations.

Foreigners' rights of residence and vocation.

916. Members of a belligerent nation and neutrals, who are within the territorial jurisdiction of the hostile nation at the declaration or commencement of war, may remain and continue their vocation therein, subject to the provisions of Book First of this Code,' so long as they continue wholly passive, and commit no offense against the provisions of this Code, or the laws of the place. But in case of a breach of such condition, they may be punished or sent out of the territory of the nation, or be required to remove to any designated place within it."

2

1 The provisions referred to make foreigners subject to the general laws of the country, (Articles 319, 328, 330, and 331,) and reserve the right of a nation to exclude them from offices, official trusts and particular vocations.

Twiss, (Law of Nations, Part II., p. 90,) urges a distinction between domiciled and transient alien enemies—a distinction once perhaps substantial, but now, with increasing rapidity of intercommunication, becoming every day less important. Heffter says, that a temporary detention of hostile subjects may be necessary to prevent them from communicating with their fellow countrymen, in respect to the plans of the belligerent. Heffter, § 126, 2, cited by Twiss, Law of Nations, Part II., p. 99.

Vattel, however, (Droit des Gens, liv. 3, ch. 4, § 63,) says, that the sovereign who declares war cannot detain those subjects of the enemy who are within his dominions at the time of such declaration; and that they are to be allowed a reasonable time to withdraw, because, by per

mitting them to enter his territories, he tacitly promised them protection, and security for their return.

The Article here proposed is drawn from the usual provisions in modern treaties, to the effect that at the time of war or interruption of friendly intercourse between the two nations, the members of either nation residing or established in trade or other employment within the territory of the other, who choose to remain may do so, and carry on their business without interruption or demands, other than those imposed on native subjects, so long as they behave peaceably and observe the laws.

Treaty between the United States and

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Colombia, Feb. 16, 1866, Accounts and Papers, 1867, vol. 74.
Salvador, Oct. 24, 1862, Id., 1863, vol. 75.

Nicaragua, Feb. 11, 1860, Id., 1860, vol. 68.

Treaty between France and Peru, March 9, 1861, 8 De Clercq, 193.

But if the conduct of the members of a belligerent nation within the territory of the other belligerent should render them justly suspected, they may be required to leave the country within a certain period, with their families, effects and property, under a safe conduct to be furnished, or to remove forthwith to such places in the interior as may be designated. Treaty between the United States and Peru, July 26, 1851, Art. XXXII., 10 U. S. Stat. at L., (Tr.,) 28. And see the treaty with Great Britain, Nov. 19, 1794, Art. XXVI., 8 Id., 110. See also treaty between France and Peru, March 9, 1861, 8 De Clercq, 193.

By several of the above mentioned treaties it is also provided that the citizens of either nation residing within the territory of the other at the commencement of war between the two nations, shall be allowed, within a certain time, (from six to twelve months,) to dispose of their property, or to transport it wherever they please, and under a safe conduct from the government to depart, with their money and effects, from the country.

And a similar provision was contained in the treaty of Utrecht, between Great Britain and Spain, Art. VI.; and in the treaty between Great Britain and Russia, of 1766, Art. XII., and of 1797, Art. XII.; also in the treaty between the United States and

Dominican
Feb. 8, 1867, Art.
Republic, (
Bolivia, May 13, 1858, "

I., 15 U. S. Stat. at L., (Tr.,) 167. XXVIII., 12 Id., 1003.

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