occupation at the termination of the war; but it seems just to restrict this right within narrower limits. The subject is almost always regulated by a treaty of peace; and in the rare cases in which this may be omitted, it will be sufficient to provide for the right of the conqueror to movables in possession, and to territory of which he has achieved complete conquest, and the public property therein.

6 Such for instance are the levying of forced loans, &c., or collecting those previously levied. Halleck, Intern. Law and Laws of War, p. 860. "Kent's Commentaries, vol. 1., p. 177; Halleck's Intern. Law & Laws of War, p. 862.

Definition of "completed conquest."

938. Where the authority of one belligerent nation over any territory of the other, has become permanently established, either by cession, or by acquiescence, the conquest is deemed completed,' from the time the conqueror unequivocally manifests his ability and intention to retain such territorry as his own, under civil government, and in a state of peace. Until that time it is deemed to be held by military occupation' only."

1 Dana's Wheaton, Elem. of Intern. Law, note 169, p. 434.

2 See Chapter LVI., concerning MILITARY OCCUPATION.

3 Halleck, Intern. Law and Laws of War, pp. 811–814.

National character and allegiance of members of conquered nation.

939. In case of the completed conquest of a nation, its members become members of the conquering na tion.

The national character thus acquired may, of course, be changed by naturalization; and meanwhile the duty of allegiance may be extinguished by subsequent, or even previous, removal from the territory, coupled with the intent to become naturalized elsewhere. See Articles 261-265.

By the provisions of the Book on PEACE, allegiance follows national character, subject to the right of expatriation.

The same.

940. In case of the completed conquest of part of the territory of a nation, if not otherwise provided by special compact, its members, domiciled within such

territory, become members of the conquering nation. unless within six months after the completion of the conquest they exercise the right of expatriation, defined by articles 264 and 265; in which case they are deemed to have retained their former national character and allegiance.

See Halleck, Intern. Law and Laws of War, pp. 816–820.

Immediately after the surrender of Paris and the cession of Alsace and Lorraine to Germany, and before the treaty of peace was ratified, Mr. Washburn gave certificates of German nationality to citizens of those provinces who desired to leave Paris in consequence of the French conscription. Foreign Relations of the United States, 1871, pp. 329, 344.

Effect of completed conquest as to persons and property.

941. In the case of a completed conquest, if not otherwise provided by compact :

1. The conquering nation may regulate the political and civil rights of those who thereby become members of it;'

1

2. The conquering nation must respect the private rights, and titles to property, of persons within the territory, and by proper laws and regulations insure to them the means of enjoying those rights; and, until otherwise declared, all laws of the former government regulating the private relations of persons, and of corporations both private and municipal, to each other, and their private rights of property remain in force, so far as they are not inconsistent with the organic law of the conquering nation ;2 and,

2

3. Subject to the provisions of Chapter III. of this Code, entitled "PERPETUITY OF NATIONS," the conquering nation succeeds to the title of all public property and rights of the enemy within the conquered territory; and may make valid transfers or releases of such property and rights.*

1

3

Dana's Wheaton, Elem. of Intern. Law, note 169, p. 434; Halleck, Intern. Law and Laws of War, p. 822.

2 Dana's Wheaton, note 169, p. 434; Halleck, Intern, Law, pp. 830–838.

3 Dana's Wheaton, note 169, p. 434; Halleck, Intern. Law, pp. 839-843. 4 This will include the discharge of debts and other property in action.

Effect of overthrow of insurrection.

942. A nation, whose authority is re-established, after having been temporarily displaced from a part of its territory by an insurrectionary government, succeeds to all the rights and property of the usurping government. All claims All claims against such usurping government, in favor of others than the nation, are staked on the success of the insurrection, and are of no validity after its overthrow."

1 United States of America c. Prioleau, 11 Jurist, N. S., 792; 35 Law Journ. Ch., 7; 13 Weekly Rep., 1062; 13 Law Times Rep., N. S.,92; United States of America v. McRae, Law Rep., 8 Eq. Cas., 69.

2 In the case of the United States of America. McRae, (above mentioned,) it was held that with respect to property which has been voluntarily contributed to the insurrectionary government, or acquired by it, in the exercise of its usurped authority, and has been impressed in its hands with the character of public property, the legitimate government is not, on its restoration entitled to it by title paramount, but as successor only (and to that extent recognizing the authority) of the displaced usurping government; and in seeking to recover such property from an agent of the displaced government, can only do so to the same extent and subject to the same rights and obligations, as if that government had not been displaced, and was itself proceeding against the agent.

The true principle, however, seems to be that stated in the foregoing Article.

Duress of negotiators.

943. Duress of the person of those concerned in the negotiation of a treaty of peace, renders the compact void as against the power they represent.

Bluntschli, Droit Intern. Codifié, & 704; compare, however, Halleck, Intern. Law & Laws of War, p. 847.

Effect of treaty of peace.

944. When a treaty of peace is made, all grievances existing and known prior to the termination of the war, are to be deemed satisfied by the treaty unless excepted thereby ;' and the treaty is to be first resorted

1

to, as furnishing the rules by which the results of the war are to be measured.

1 See Bluntschli, Droit Intern. Codifié, § 714. On the contrary, Lawrence's Wheaton, (Elements of Intern. Law, p. 876, § 3 ;) and Halleck, (Intern. Law & Laws of War, p. 853,) hold that claims for injuries committed prior to the war, which form no part of the reasons for undertaking it, are not extinguished.

Extent of responsibility.

945. No hostilities between belligerents committed during war, in obedience to the commands of lawful superiors, by persons impressed with the military character, and no lawful hostilities committed by any other person, subject such persons to civil or criminal liability, after the termination of the war. Nor shall any such acts, committed after the termination of the war, subject the person to criminal liability, if committed in good faith, without actual knowledge of its termination.*

1

1 Bluntschli, Droit International Codifié, §§ 710–713.

This rule is somewhat more restricted than that laid down in the books, (see Halleck, Intern. Law & Laws of War, p. 851, and authorities cited ;) but as between nations uniting in the Code, a criminal violation of the laws of war should not be tacitly merged by peace. Any further responsibility than that defined in the above Article ought to be accorded only by special compact, or decree.

2 As to the conflict of opinion in reference to civil liability for acts done innocently after the termination of the war, see Halleck, Intern. Law & Laws of War, p. 857.

The rule that a treaty is binding from signature or ratification is embodied in Articles 196 and 197.

Rescission of treaty.

946. A violation of executory provisions in a treaty of peace, affecting the re-establishment of a peaceful condition, entitles the aggrieved party wholly to rescind the treaty,' and continue the war."

1 See Halleck, Intern. Law & Laws of War, pp. 862–864.

2 This does not require a new declaration of war. Bluntschli, Droit Intern. Codifié, § 723.