The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1898-05-05
HOW WAR Az fleets RIGHTS
Status OF Property and Persons n
BelnEerent and Neutral Nations
Some Points In Law.

The effect Of state Of war upon the
rights of persons, whether native or
alien, and upon contracts, property and
trade is matter of greatest interest at
this time. The leading authorities
upon this subject are Henry Wheaton,
Theodore D. Woosley and Francis
Wharton, and from the works of thesa
masters of international law the fol-
lowing information is extracted:
During state of war neither be1lig-
erent has the right to sue in the courts
of the other to enforce contract or
collect debt. The citizens of the par
ties, of course, come under the same
enemy during 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 GER
tain treaties are exempted from this
rule. Privateering treaties are an ex-
ample of such exemptions and it is
worth while to note here that the United
States nor Spain is signatory to the
declaration of Paris in 1856.
The parties to this declaration, which
includes all the principal powers of Eu-
rope, agreed to abolish privateering,
but the United States declined to sign
unless the condition was made that the
private property (not contraband) of
all nations at all times be secure from
seizure on the high seas. This govern
ment took the ground that as long as
such exemption was not made the ma
ton with a small navy would be at
great disadvantage.
An enemy's property after war is de-
except when it is located in the terri
tory of neutrals. 1t is not customary,
however, in modern times to seize the
| property of noncombatants who ara
subjects ofthe enemy, temporarily DOM
iciled. To confscate stocks, bonds or
| the real estate of noncombat ant would
be sure to call forth reprisals and would
thus react upon the belligerent wha
| took the first step in this direction.
| Generally certain period is fixed
within which citizens Of a belligerent
leave the territory of it's opponent after
war has been declared, and in case they
leave the country within this specified
time their property is safe from contls-
cation during their passage to their
own or some other country.
Strictly speaking, belligerents have
the right just as soon as war is declared
to seize each others ships and cargoea
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 40 days at the time of the
Crimean war. The ship of one bellig-
erent, if it sails before war is declared
for one of the ports of the other be1lig-
erent, is safe from seizure. If, how.
ever, ship sails to neutral port she il
liable to seizure. During hostilities all
Inhabitants, native and alien, are COM
PEELED to discontinue all intercourse
with the 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 H.
able to the reprisals authorized by their
native country. Such property 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 declare their national char
acter." In this case declaration OF
intention is not enough, since mere
declarations might be made with the in.
tention of escaping all liabilities to
either party to the conflict. Chicago
Chronicle.