XII. PACIFIC INTERCOURSE OF BELLIGERENTS. 1. FLAGS OF TRUCE. § 1157. For the purpose of communicating between enemy forces in position, or on the march, or in action, use is made of flags of truce. If the flag proceeds from the enemy's lines during a battle, the ranks which it leaves must halt and cease their fire. When the bearer displays his flag, he will be signaled by the opposing force, either to advance or to retire; if the former, the forces he approaches will cease firing; if the latter, he must instantly retire, since, if he should not, he may be fired upon. Halleck, Int. Law (3d ed., by Baker), II. 333-334, citing Scott, Military "111. The bearer of a flag of truce can not insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided. "112. If the bearer of a flag of truce offer himself during an engagement, he can be admitted as a very rare exception only. It is no breach of good faith to retain such flag of truce, if admitted during the engagement. Firing is not required to cease on the appearance of a flag of truce in battle. "113. If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishes no ground of complaint whatever. "114. If it be discovered, and fairly proved, that a flag of truce has been abused for surreptitiously obtaining military knowledge, the bearer of the flag thus abusing his sacred character is deemed a spy. So sacred is the character of a flag of truce, and so necessary is its sacredness, that while its abuse is an especially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce as a spy." Instructions for the Government of Armies of the United States in the "ARTICLE XXXII. An individual is considered as bearing a flag of truce who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag bearer, and the interpreter who may accompany him. "ARTICLE XXXIII. The Chief to whom a flag of truce is sent is not obliged to receive it in all circumstances. "He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the envoy temporarily. "ARTICLE XXXIV. The envoy loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery." Convention respecting the Laws and Customs of War on Land, The Hague, A communication from the Spanish consul, at Charleston, to Mr. Mr. Seward, Sec. of State, to Mr. Tassara, Dec. 17, 1864, MS. Notes to A report having been received in Washington that President Balmaceda, of Chile, had threatened to shoot envoys of the Congressional party if they should be found within his jurisdiction, the American minister at Santiago was instructed by telegraph, May 14, 1891, that, if they should come within such jurisdiction, relying on an offer of mediation or on an invitation of the mediators (of whom the American minister was one), he would "insist that under any circumstances they should have ordinary treatment of flag of truce." For. Rel. 1891, 123. A safe conduct was given by the Chilean Government, May 2, 1891, to representatives of the Congressional party to confer with the mediating diplomatic representatives. It seems that the report that the envoys would be shot grew out of a vague threat of the minister of the interior, made under excitement, after a bomb had been thrown at some of the members of the cabinet. The minister of foreign affairs wrote an explanation and apology to the mediators, and President Balmaceda and his cabinet disavowed any intention of molesting the envoys and afforded them every facility to leave the country. It appears that before the negotiations the envoys were concealed in Santiago. (For. Rel. 1891, 123, 126, 130.) In March, 1904, the Japanese Government sought permission from the Russian Government, as soon as navigation was opened, to send a neutral ship to Korsakov, Saghalien Island, to bring away two members of the Japanese consular staff and 600 Japanese subjects, who were detained there by ice, and who were believed to be suf fering from scarcity of food. The Russian Government replied that, under the rules of war adopted by it on February 14, 1904, the departure of the Japanese from Korsakov would be permitted: that arrangements might be made for a neutral vessel to proceed there when navigation opened, about the 1st of May, and that facilities would be given for direct communication with all Japanese subjects in Siberia as soon as information concerning their whereabouts could be obtained. In accordance with this permission a neutral vessel, early in May, arrived at Vladivostok, and four days later left with 326 Japanese from Korsakov. For. Rel. 1904, 432-433, 434 435, 436, 715, 718, 720. See, also, as to other Japanese subjects permitted to leave Russia, For. 2. PASSPORTS AND SAFE CONDUCTS. § 1158. A passport or safe conduct is a document granting persons or property a specified exemption for the time being from the operations of war. The term passport is applied to personal permission given to friends on ordinary occasions, both in peace and war, to go where they wish; while the term safe conduct is usually given to an authority to an enemy or an alien to go into places where they would otherwise be in danger or to carry on a trade forbidden by the laws of war. The word passport, however, is more generally applied to persons, and safe conduct to both persons and things. See Halleck, Int. Law (3d ed., by Baker), II. 323–325. General Scott, referring to approaching meeting of the new Federal Congress, after his capture of the City of Mexico, says: "I have seen and given safe conduct through this city to several of its members." He also gave Santa Anna's wife a passport to enable her to follow her husband. Scott, Autobiography, II. 532, 537. 3. SAFEGUARDS. § 1159. Safeguards are protections granted by a general or other officer for persons or property within the limits of his command against the operations of his own troops. Sometimes they are delivered to the parties whose persons or property are to be protected; at others, they are posted upon the property itself, as upon a church, museum, library, public office, or private dwelling. They are particularly useful in the assault of a place, or immediately after its capture, or after determination of a battle, to protect persons and property of friends from destruction by an excited soldiery. Violation of such instruments are usually punished with the utmost severity. A guard of men is sometimes called a safeguard when detached to enforce the safety of the persons and property of those protected. A safeguard, when used to denote a kind of passport or safe conduct, is to be construed according to the rules of interpretation applicable to such instruments. Halleck, Int. Law (3d ed. by Baker), II. 325-326. 4. CAPITULATIONS § 1160. "Capitulations are agreements entered into by a commanding officer for the surrender of his army, or by the governor of a town, or a fortress, or particular district of country to surrender it into the hands of the enemy. Capitulations usually contain stipulations with respect to the inhabitants of the place which is surrendered, the security of their religion, property, privileges and franchises, and also with respect to the troops or garrison, either allowing them to march out with their arms and baggage, with the honours of war, or requiring them to lay down their arms and surrender as prisoners of war." Halleck, Int. Law (3d ed., by Baker), II. 319–320. A capitulation entered into by a belligerent in regard to the surrender of one of its possessions binds its allies. Case of The Resolution, Federal Court of Appeals, 1781, 2 Dall. 1, 15. "In April, 1865, General Grant wrote to General Lee that he proposed to receive the surrender of the Army of Northern Virginia on the following terms, viz: "1. That rolls of all the officers and men were to be made in duplicate, one copy to be given to an officer of the selection of the former, the other to be retained by whomsoever the latter might appoint. 2. That the officers give their individual paroles not to take arms against the Government of the United States until properly exchanged, and each commander of a company or regiment to sign a like parole for his men. The arms, artillery, and public property to be parked and stacked, and turned over to the officers appointed by the former to receive them. That this do not include the side-arms of the officers, nor their private horses or baggage. "3. That, this being done, each officer and man shall be allowed to return to his home, and shall not be disturbed by the United States authority so long as they observe their paroles and the laws in force where they reside. “General Lee accepted these terms on the same day, and the other rebel armies subsequently surrendered on substantially the same terms. 66 By an agreement made the same month between General Johnston, commanding the Confederate army, and Major-General Sherman, commanding the Army of the United States, the Confederate armies then in existence were to be disbanded and conducted to their several State capitals, therein to deposit their arms and public property in the State arsenal; and each officer and man to agree to cease from acts of war, and to abide the action of both State and Federal authori ties. The number of arms and munitions of war to be reported to the Chief of Ordnance at Washington, subject to the future action of the Congress of the United States, and in the meantime to be used solely to maintain peace and order within the borders of the different States. The Executive of the United States to recognise the several State governments, on their officers and legislatures taking the oaths prescribed by the Constitution of the United States. The Federal courts in the several States to be reestablished; the people and inhabitants of those States to be guaranteed their political rights and franchise so far as the Executive could do so. The executive authority of the Government of the United States not to disturb any of the people by reason of the war, so long as they lived in peace and quiet. In fact, a general amnesty to be established." Halleck, Int. Law (3d ed., by Baker). II. 321. "First. The Spanish Government is of the opinion that the occupation by the American forces of the city, bay, and harbor of Manila must be considered in virtue of the provisions of Article III. of the protocol of August 12, and not in virtue of what was agreed to in the capitulation of the 14th of the same month, which is absolutely null by reason of its having been concluded after the belligerents had signed an agreement declaring the hostilities to be suspended. "Second. By virtue of the agreement, the Spanish Government is of the opinion that the occupation of the city, harbor, and bay of |