The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-09-17
PEACE-MAKING IRREGULARITIES.
Points TO Be Observed by the High
Contracting Parties,
(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
memorable and eDoch-making settle
ment. Some people seem to imagine
that when the representatives of the
belIigerent nations come together as the
high contracting parties as they are
called, to a treaty of peace, they lcan
make what terms they Ike as between
themselves, but this is not entirely the
case. Here, as in the course Of the
war, they have to pay strict respect TO
the canons and traditions Of inteTna-
tiOnal law.
One Of the most delicate points for
settlement in cases of this sort where
the theatre of war is 50 vast and when
no ar1nistice is concluded beforehand,
is TO determine the exact time at which
the treaty Of peace shall become oper-
alive at certain places 10 which the
news may be difficult TO convey. Care
ful calculations are made and these
various times are settled, and until the
official news arrives the belligerents at
these places are justified IN wRging
war, even though they know that at
headquarters peace has been concluded.
= =
The reason for this principle OF in
ternational law is that if a conbatant
officer were to be expected TO accept
information OF this kind from anyone
except his own government he would
lay himself open to be deceived ia the
most serious manner, and tn some ex-
traordinary cases his conduct in con
tinuing warlike acts, even though GER
tain that peace had been agreed upon,
has been justified by International tri-
bunals, who have only made the reser-
walton that his country shall reap no
advantage from these acts, and that
any land or soils that he may gain
by them shall be given up afterwards.
The leading case IN the matter and
that which is always quoted when dis
putes 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 England be-
fore the end Of the period OF five
months fixed by the treaty OF Aniens
for the termination Of hostilities in the
Indian seas. but after the news of peace
had arrived at Calcutta and after q
proclamation OF George III requiring
his subjects to abstain from hostilitiss
from the time fixed and mentioned In
this proclamation had been published
in q Calcutta paper. The Swineherd
had a copy Of this proclamation on
board, but soon after she had left port
she was captured by a French pri-
vateer, the Bellona. She could offer
no resistance as, taking peace for
granted, she had only enough powder
on board for signalling purposes.
Now, the captain Of the Bellona had
been informed by other vessels that
peace had been concluded. he was
shown the proclamation, and he had
no room to doubt that the Intentions CT
the Swineherd were peaceful. How
ever. the Swinehsrd was considered in
France as o good prize, and inter
national law upheld the decision Cor the
reasons already given, so that the case.
stands as g standard to the present
time.
Ii is also held by international law
that when peace has once been signed
the late cOmbatants are bound 10 look
upon ii as ii fresh beginning, point
behind which neither side may look
There are not allowed to be officially
any recriminations as to what took
place before the war. and war cannot
subsequently be renewed on the same
grounds If 1t were there would be IN
ternational interference to support this
principle.
The law Of nations pays particular
attention TO tie interests of private,
and commercial persons. subiects ~.
tho powers that are at war i'm the ilLy5