| OCR Text |
PEACEMAKING PECULIARITIES Points to Be Observed by the High Hight t Contracting I Par Parses ParI s London Just as in the war between Russia and an I Japan we have lately witnessed one one of or the tIme most terrible conflicts ever eer recorded d I in history BO so in the peace that is 15 said d to be in the tile making there will be a I I memorable and bettle sete set le meat ment Some people seem to Imagine that when wh n the i representatives ea of ot the I belligerent nations come together as the high contracting C O g parties partle as t they he jive called to treaty Ii of peace the an make mako what wl they Uk Ilka as jet O J l themselves but this thild Is not entirely the case Here as inthe In the course c urso of tIle the war they have ha to tb t pay puy strict respect to the canons and traditions of oC international inter a law lawOne lawOne lawOne One of the most delicate points point for tor settlement In cases of this sort where the theatre of ot war Val Is so 90 vast and when t no armistice is concluded beforehand I is to determine the exact e act time at which I Ithe the treaty of peace shall become oper operative operative J at certain places to which the news may maj be difficult to convey cOne Care Careful Careful ful lul calculations are made and these various times are ore settled and until the official news arrives the belligerents at nt these thc places are Justified in waging war even ven though they know that at headquarters peace has been concluded 0 The rhe reason for fol this principle Princile of ot International international In International law Is that if it a 8 combatant officer were to be expected to accept information of ot this kind from anyone an ono except his own government he ho would lay Iny himself 1 open to be ba deceived in the tho most serious manner and Pond in lj some ex cx cases his conduct In con continuing cons warlike acts oven even though eel car certain carthin thin tain that had been agreed peace upon has been justified by international tri tribunals tribunals tn I who have havo only made mad the th reser reservation ration atlon that his hilS hl country shall reap no advantage from these th i acts and that any land lana lan or soils that he be may gain by them shall shull be given up afterwards a a t The loading leadIng din case in the matter and that which Is s always quoted when die dis disputes arise e is that which is 1 known knop as s the ease case of ot the Swineherd This was wits an English En ship which was provided with letters Utters of at marque and which sailed lulled from Calcutta for tor England bo be bOrore before j fore rore the end of the period of five fIYO months fixed by b the treaty treat of Amiens tor for tho the termination of hostilities in tho the I Indian seas sens but after the news nes of ot peace 1 had arrived at Calcutta and after a proclamation of ot George G orge HI liI requiring I his subjects to abstain from tram hostilities from the time fixed and mentioned in iii inthis this proclamation had been published I in a Calcutta paper The Swineherd had a n copy of ot this proclamation on onboard o board but soon soo n after she site had ital left port she sho was captured by a French iwi privateer ateer at er the Bellona B She could offer otter no resistance as taking peace for o granted grouted she had only anI enough powder on board for tor signalling purposes Now the captain of the Bellona had nad been informed by other othor oth l vessels v that peace pence had beon been concluded he lie IJ was wD shown the proclamation and he had no room to doubt that the intentions of the Swineherd were WEle peaceful c ul How However However ever eV r the Swineherd was considered red in France as a Q good prize and inter international international national naU law upheld ld the decision for fOl the reasons already alrea r given so that the case stands stand a as a t i standard stan ard tp to the present time 0 4 It ft is also ulso held by b International law that when peace has ban once been signed I the late combatants are bound to 10 look 1001 upon it as a fresh beginning 4 t i point I 1 be behind Which neither side may look There are nr not allowed to bo bu J film ny recriminations lt asto na as to what took I before the lh wet war end and war cannot subsequently il M be renew ed on the thc same namo grounds If it were war there thela would V uld be b ln In interference to support this principle 9 e The low law of at nations pays u ar attention to t the Interests ot of l I Iund and und td pe bj rf t t do t it t var ar hi In n tin t and happier state of things that arises aris s when peace is agreed upon Contracts entered ente red into between business houses In the rival countries before war broke oit were necessarily suspended during r 1 Es ha tt It hiat unless they the are of a that renewal is impossible they the are ae e renewed after P tlC is signed sl n d Just as If nothing had ha happened in the n di ao if Thus of Japan Jal an who five fhe years ago ago Agreed gre d to sell leU rice to for fc r tn tp years y ars ais will wll apr settlement nt of the Ute treaty trent begin again to do so from the point where he left off of when his torpedo boats boott boit began begun the t feet at PortAr thur thuri In the meantime mea may nia ha forgotten all aU f b t the contract cf o n in these times in Rus i s gone into line lne of bust s but can force lorce him him to keep on on buying the rice Another nother leading lending cas ca case shoWs an odd point During the war of 1870 the German krman government entered into nto contracts with certain French persons for cutting wood In French forests After peace leace was set settled settled tied the Germans claImed cl that the French government should d allow thin them to complete the cutting Inasmuch as the German government had acted within Its rights of o making the con contract contract contract tract The French Fren h g held that the tho restoration dr its authority over O l this territory had automatically concluded this tItle contract and eventually German that this tIlls was a correct statement of the International low law w upon the subject jec |
