forces of the other state, except so far as the necessities of warfare may require.1 106. Personal Property of Enemy Subjects (a) The movable property of the subject of one of the belligerent states in the territory of the other belligerent state was until comparatively recent times appropriated. In the case of Brown v. United States,2 in 1814, the Supreme Court held that the "existence of war gave the right to confiscate, yet did not of itself and without more, operate as a confiscation of the property of an enemy," though it further held that the court could not condemn such property unless there was a legislative act authorizing the confiscation. Many modern treaties provide that in case of war between the parties to the treaties subjects of each state may remain in the other, "and shall be respected and maintained in the full and undisturbed enjoyment of their personal liberty and property so long as they conduct themselves peaceably and properly, and commit no offense against the laws." 3 The most recent practice has been to exempt personal property of the subject of one belligerent state from all molestation, even though it was within the territory of the other at the outbreak of war. Of course, such property is liable to the taxes, etc., imposed upon others not enemy subjects. In case of hostile occupation, the Hague Conference of 1907 summarized the rules as follows: "ART. 46. . . Private property cannot be confiscated. "ART. 47. Pillage is formally prohibited. "ART. 48. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the 1 Appendix, pp. 355, 419. 28 Cr., 110. See Index Ü. S. Treaties, "Reciprocal Privileges of Citizens," State, he shall do so, as far as possible, in accordance with the rules in existence and the assessment in force. "ART. 49. If . . . the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory." Articles 50, 51, 52, provide that burdens due to military occupation shall be as equable as possible, and that payment shall be made for requisitions.1 The practice now is to exempt private property so far as possible from the consequences of hostile occupation, and to take it only on the ground of reasonable military necessity.2 With regard to one particular form of property, modern commercial relations as influenced by state credit have been more powerful than theory or country. The stock in the public debt held by an enemy subject is wholly exempt from seizure or sequestration, and practice even demands that interest must be paid to enemy subjects during the continuance of the war.3 In case of belligerent occupation, contributions, requisitions, and other methods are sometimes resorted to in supplying military needs. (b) Contributions are money exactions in excess of taxes.4 Contributions should be levied only by the general-in-chief. (c) Requisitions consist in payment in kind of such articles as are of use for the occupying forces, as food, clothes, horses, boats, compulsory labor, etc. Requisitions may be levied by subordinate commanders when there is immediate need, otherwise by superior officers. Such requisitions should not be in excess of need or of the resources of the region. Receipts for the value of both contributions and requisitions should be given, in order that subsequent impositions may not be made without due knowledge, and in order that 1 Appendix, p. 418. Appendix, pp. 355, 418. the sufferers may obtain due reparation from their own state on the conclusion of peace. 1 In naval warfare "requisitions for provisions or supplies for the immediate use of the naval force before the place in question" are allowed. Such requisitions may be enforced by bombardment if necessary. Contributions, however, cannot be exacted unless after actual and complete belligerent occupation, as by land forces. Contributions in the form of ransom to escape bombardment cannot be levied, as in such cases occupation is not a fact.2 (d) Foraging is resorted to in cases where lack of time makes it inconvenient to obtain supplies by the usual process of requisition, and consists in the actual taking of provisions for men and animals by the troops themselves. (e) Booty commonly applies to military supplies seized from the enemy. In a more general sense it applies to all property of the enemy which is susceptible of appropriation. Such property passes to the state of the captor, and its disposition should be determined by that state. OUTLINE OF CHAPTER XIX STATUS OF PROPERTY AT SEA 107. VESSELS. (a) Status of public vessels of a belligerent. 108. GOODS. 109. SUBMARINE AND WIRELESS TELEGRAPH. (a) Treatment of submarine telegraphic cables in time of war. (b) Treatment of wireless telegraph in time of war. CHAPTER XIX STATUS OF PROPERTY AT SEA 107. Vessels Vessels may be classed as public, belonging to the state, and private, belonging to citizens of the state. (a) Public vessels of a belligerent are liable to capture in any port or sea except in territorial waters of a neutral. The following public vessels are, however, exempt from capture unless they per Status of public vessels of a belligerent. form some hostile act: (1) Cartel ships commissioned for the exchange of prisoners. (2) Vessels engaged exclusively in non-hostile scientific work and in exploration.1 (3) Hospital ships, properly designated and engaged exclusively in the care of the sick and wounded.2 Status of pri (b) Private vessels of the enemy are liable to capture in any port or sea except in territorial waters of vate vessels of a neutral. The following private vessels when a belligerent. innocently employed are, however, exempt from capture: (1) Cartel ships. (2) Vessels engaged in explorations and scientific work. (3) Hospital ships. (4) Small coast fishing vessels. This exemption is not allowed to deep-sea fishing vessels.3 1 Appendix, p. 432. 2 Appendix, p. 426. 3 Appendix, p. 432; Paquete Habana, 175 U. S., 677. |