Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-04-21
HOW WAR AFFECTS RIGHTS.
Status of Property and Persons in Belligcr
enG and Neutral Nations

Status of Property and Persons in Belligcr-
ent and Neutral Nations
The effect Of a state OF war upon the
rights of persons, whether native or
alien, and upon contracts, property
and trade is matter of greatest in
terest at this time. The leading au-
thorities upon this subject are Henry
Wheaton, Theodore d. Woosley and
Francis Wharton, and from the works
of these masters of international law
the following information is ex-
tracted:
During a state of war neither bel
llgerent has the rights to sue in the
courts of the other to enforce a con-
tract or collect debt. The citizens Of
the parties, of course, come under the
same prohibitions. Contracts made
with an enemy during a state of war
cannot be enforced in the courts of
either nation after war is concluded.
The general rule as to treaties is
that they are abrogated by war. But
certain treaties are exempted from
this rule. Privateering treaties are an
example of such exemptions, and it
is worth while to note here that the
United States nor Spain is a signatory
to the declaration OF Paris in 1856.
The parties to THIS declaration,
which includes all the principal pow
ers Of Europe, agreed to abolish priva-
teering, but the United States declined
to sign unless the condition was made
that the private property (not contra
band) Of all nations at all times be
secure from seizure on the high seas.
This government took the ground that
as long as such exemption was not
made the nation with a small navy
would be at a great disadvantage.
An enemy's property after war is de-
clared may be seized wherever found,
except when it is located in the terri
tory of neutrals. 1t is not customary,
however, in more modern times to seize
the property of non-combatants who
are subjects of the enemy, temporary
dcmiciled. To confiscate stocks, bonds
or the real estate of a -combatant
would be sure to call forth reprisals
and would thus react upon the bellig
erent who took the first step in this
direction.
Generally a certain period is fixed
within which citizens of a belligerent
leave the territory of its opponent after
war has been declared, and in case
they leave the country within this
specified time their property is safe
from contiscation during their passage
to their own or some other country.
Strictly speaking, belligerents have
the right just as soon as war is de-
clared to seize each others ships and
cargoes in their respective ports as
.droits of admiralty" but here again
modern practices have established the
custom of giving notice OF the time in
which shipping must be removed.
This time was fixed at forty days at
The time of the Crimean war. The ship
of one belligerent, if it sails before war
is declared for one of the ports of the
other belligerent, is safe from seizure.
If however, a ship sails to neutral
mort she is liable to seizure. During
hcstilities all inhabitants, native and
alien, are compelled to discontinue all
intercourse with inhabitants of the
country at war with the one in which
they live.
The property of the citizens OF either
belligerent who live in the country Of
the other belligerent is looked upon
as a part Of the property OF their
adopted land, and, being regarded as
such, is liable to the reprisals author
lied by their native country. Such
propSrty as this class of persons may
have in the trade of their adopted
country may be seized by their native
country until such time as they de-
clare their national character. In
this case a declaration of intention is
not enough, since mere declarations
hight be made with the intention of
escaping all liabilities to either party
to the conflict