Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-22
PROCESS OF PEACE-MAKING.
Points to Be Observed by the High
Contracting Parties.

SohtA oStAiS - al eACSs
From London Tit-Bits.
Just as in the war between Russia and
Japan we have lately witnessed one Of
the most terrible conflicts ever recorded In
history. so, In the peace that is said to be
in the making. there will be a memorable
and epoch-marking settlement. Some pep
pie seem to imagine that when the repre-
sentatives of the bellgerent nations come
together as the high contracting parties"
as they are called to a treaty OF peace,
they can make what terms they like as be-
tween themselves. but this is not entirely
the case Here, as in the course of war
they have to pay strict respect to the
canons and traditions of international law.
One of the most delicate points for settle
ment. in cases of this sort, where the the
alter of war Is so vast and when armis-
tice Is concluded beforehand, Is to deter
mine the exact time at which the treaty Of
peace shall become operative at certain
places to which the news may be difficult
to convey. Careful calculations made
and these various times settled, and
until the official news arrives the bellige-
rents at these places are justified In waging
war. even though they know that at head
quarters peace has been concluded.
The reason for this principle of internal
tional law is that If q combatant officer
were to be expected to accept information
of this kind from any one except his own
government he would lay himself open TO
be deceived in the most serious manner,
and in some extraordinary cases his con-
duct In continuing warlike acts, even though
certain that peace had been agreed upon,
has been justified by international tribu-
nails. who have only made the reservation
that his country shall reap no advantage
from these acts, and that any land or
spoils that he may gain by them shall be
given UP afterward
The leading case in the matter. and that
which Is always quoted when disputes arise
is that which Is known as the case of the
Swineherd This was an English ship
which was provided with letters of marque
and which sailed from Calcutta for Eng
land before the end of the period of five
months fixed by the treaty of Amiens for
the termination of hostllities In the Indian
seas but after the news of peace had ar
rived at Calcutta and after a proclamation
of George III requiring his subjects to alb
stain from hostilities from the time nXed
and mentioned in this proclamation had
been published In a Calcutta paper. The
Swineherd had copy of this proclamation
OH board, but soon after she had left port
she was captured by french privateer.
the BelIona. She could offer no resistance.
as. taking peace for granted. she had only
enough powder on board for signaling pur-
poses.
Now. the captain of the Bellona had been
informed by other vessels that peace had
been concluded. he was shown the procla-
nation, and he had no room to doubt tina.
the intentions OF the SWlEeHeTu were pedCI-
full. However the Swineherd was consid-
cred in France good prize. and inter-
national law upheld the decision for the
reasons already given. so that the case
stands as a standard to the present time
1t is also held by international law that
when peace has once been signed the late
combatants are bound to look upon ii as
a fresh beginning, point behind which
neither side may look. There are not al
lowed to be officially any recriminations as
to what took place before the war. and war
cannot subsequently be renewed the
same grounds. II II were there would 10
international interference to support this
principle.
The law OF nations pays particular atten-
ton to the interests Of private and CONNER
cisl persons. subjects of the powers that
were at war. In the new and happier state
OF things that arises when peace is agreed
upon. Contracts entered into between bust
ness houses in the rival countries before
war broke out were necessarily suspended
during its progress, but the law has 1t that,
unless they are of a kind that renewal "
Impossible, they are renewed after peace
Is signed just as II nothing had happened
In the meantime.
Thus Tchito of Japan. who five years ago
sgreed to sell rice to Plovski OF Russia for
ten years. will after the settlement OF the
treaty begin again to do SO from the point
where he left on when his countrys tor
pedo boats began operations on the Russian
feet at Port Arthur. In the meantime
p1ovDld may havo eorGottoo Ill about the