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[Executive P, Sixtieth Congress, first session-Confidential.]

RIGHT OF CAPTURE IN NAVAL WAR.

A CONVENTION SIGNED BY THE DELEGATES OF THE UNITED STATES TO THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, RELATIVE TO CERTAIN RESTRICTIONS WITH REGARD TO THE EXERCISE OF THE RIGHT OF CAPTURE IN NAVAL WAR.

FEBRUARY 27, 1908.-Read; convention read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate.

MARCH 10, 1908.-Ratified.

1 His Majesty the German Emperor, King of Prussia; the 2 President of the United States of America; the President of the 3 Argentine Republic; His Majesty the Emperor of Austria, King 4 of Bohemia, &c., and Apostolic King of Hungary; His Majesty 5 the King of the Belgians; the President of the Republic of 6 Bolivia; the President of the Republic of the United States of 7 Brazil; His Royal Highness the Prince of Bulgaria; the President 8 of the Republic of Chile; His Majesty the Emperor of China; 9 the President of the Republic of Colombia; the Provisional Gov10 ernor of the Republic of Cuba; His Majesty the King of Den11 mark; the President of the Dominican Republic; the President 12 of the Republic of Ecuador; His Majesty the King of Spain; 13 the President of the French Republic; His Majesty the King of 14 the United Kingdom of Great Britain and Ireland and of the 15 British Dominions beyond the Seas, Emperor of India; His 16 Majesty the King of the Hellenes; the President of the Republic 17 of Guatemala; the President of the Republic of Haïti; His 18 Majesty the King of Italy; His Majesty the Emperor of Japan; 19 His Royal Highness the Grand Duke of Luxemburg, Duke of 20 Nassau; the President of the United States of Mexico; His Royal 21 Highness the Prince of Montenegro; the President of the Re22 public of Nicaragua; His Majesty the King of Norway; the 23 President of the Republic of Panamá; the President of the 24 Republic of Paraguay; Her Majesty the Queen of the Nether

1 lands; the President of the Republic of Peru; His Imperial 2 Majesty the Shah of Persia; His Majesty the King of Portugal 3 and of the Algarves, &c.; His Majesty the King of Roumania; 4 His Majesty the Emperor of All the Russias; the President of 5 the Republic of Salvador; His Majesty the King of Servia; His 6 Majesty the King of Siam; His Majesty the King of Sweden; 7 the Swiss Federal Council; His Majesty the Emperor of the 8 Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela:

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Recognizing the necessity of more effectively ensuring than 11 hitherto the equitable application of law to the international 12 relations of maritimé Powers in time of war;

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Considering that, for this purpose, it is expedient, in giving up or, if necessary, in harmonizing for the common interest 15 certain conflicting practices of long standing, to commence 16 codifying in regulations of general application the guarantees

due to peaceful commerce and legitimate business, as well as 18 the conduct of hostilities by sea; that it is expedient to lay down 19 in written mutual engagements the principles which have 20 hitherto remained in the uncertain domain of controversy or 21 have been left to the discretion of Governments;

22 That, from henceforth, a certain number of rules may be 23 made, without affecting the common law now in force with 24 regard to the matters which that law has left unsettled;

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Have appointed the following as their Plenipotentiari s: [For names of Plenipotentiaries, see Final Act, supra.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:CHAPTER I.-Postal Correspondence.

ARTICLE I.

The postal correspondence of neutrals or belligerents, what32 ever its official or private character may be, found on the high 33 seas on board a neutral or enemy ship, is inviolable. If the 34 ship is detained, the correspondence is forwarded by the captor 35 with the least possible delay.

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The provisions of the preceding paragraph do not apply, in 37 case of violation of blockade, to correspondence destined for or 38 proceeding from a blockaded port.

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ARTICLE II.

The inviolability of postal correspondence does not exempt a neutral mail-ship from the laws and customs of maritime war as to neutral merchant-ships in general. The ship, however, 5 may not be searched except when absolutely necessary, and 6 then only with as much consideration and expedition as possible.

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7 CHAPTER II.-The Exemption from Capture of certain Vessels. ARTICLE III.

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Vessels used exclusively for fishing along the coast or small 10 boats employed in local trade are exempt from capture, as 11 well as their appliances, rigging, tackle, and cargo.

12 They cease to be exempt as soon as they take any part what13 ever in hostilities.

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The Contracting Powers agree not to take advantage of 15 the harmless character of the said vessels in order to use them 16 for military purposes while preserving their peaceful appearance. ARTICLE IV.

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18 Vessels charged with religious, scientific, or philanthropic 19 missions are likewise exempt from capture.

20 CHAPTER III.-Regulations regarding the Crews of Enemy Merchant-ships Captured by a Belligerent.

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23 When an enemy merchant-ship is captured by a belligerent, 24 such of its crew as are nationals of a neutral State are not made prisoners of war.

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The same rule applies in the case of the captain and officers 27 likewise nationals of a neutral State, if they promise formally 28 in writing not to serve on an enemy ship while the war lasts.

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ARTICLE VI.

The captain, officers, and members of the crew, when nationals 31 of the enemy State, are not made prisoners of war, on condi32 tion that they make a formal promise in writing, not to under33 take, while hostilities last, any service connected with the 34 operations of the war.

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36 The names of the persons retaining their liberty under the 37 conditions laid down in Article V, paragraph 2, and in Article

1 VI, are notified by the belligerent captor to the other bellig2 erent. The latter is forbidden knowingly to employ the said 3 persons.

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ARTICLE VIII.

The provisions of the three preceding Articles do not apply to ships taking part in the hostilities.

CHAPTER IV.-Final Provisions.

ARTICLE IX.

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The provisions of the present Convention do not apply 10 except between Contracting Powers, and then only if all the 11 belligerents are parties to the Convention.

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ARTICLE X.

The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.

The first deposit of ratifications shall be recorded in a procès16 verbal signed by the Representatives of the Powers taking 17 part therein and by the Netherland Minister for Foreign Affairs. 18 Subsequent deposits of ratifications shall be made by means 19 of a written notification, addressed to the Netherland Gov20 ernment and accompanied by the instrument of ratification. A duly certified copy of the procès-verbal relative to the first 22 deposit of ratifications, of the notifications mentioned in the pre23 ceding paragraph, as well as of the instruments of ratification, 24 shall be at once sent by the Netherland Government, through the 25 diplomatic channel, to the Powers invited to the Second Peace. 26 Conference, as well as to the other Powers which have adhered 27 to the Convention. In the cases contemplated in the pre28 ceding paragraph, the said Government shall inform them 29 at the same time of the date on which it received the notification.

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ARTICLE XI.

Non-Signatory Powers may adhere to the present Convention. The Power which desires to adhere notifies its intention in 33 writing to the Netherland Government, forwarding to it the act 34 of adhesion, which shall be deposited in the archives of the said Government.

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This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notifica4 tion.

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ARTICLE XII.

The present Convention shall come into force in the case of the Powers which were a party to the first deposit of ratifications, 8 sixty days after the procès-verbal of that deposit, and, in the case of the Powers which ratify subsequently or which adhere, 10 sixty days after the notification of their ratification has been received by the Netherland Government.

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ARTICLE XIII.

In the event of one the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in 15 writing to the Netherland Government, which shall at once 16 communicate a duly certified copy of the notification to all the 17 other Powers informing them of the date on which it was received.

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The denunciation shall only have effect in regard to the noti20 fying Power, and one year after the notification has reached the Netherland Government.

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A register kept by the Netherland Ministry for Foreign Affairs 24 shall give the date of the deposit of ratifications made in virtue 25 of Article X, paragraphs 3 and 4, as well as the date on which 26 the notifications of adhesion (Article XI, paragraph 2) or of 27 denunciation (Article XIII, paragraph 1) have been received. Each Contracting Power is entitled to have access to this 29 register and to be supplied with duly certified extracts from it. 30 In faith whereof the Plenipotentiaries have appended their 31 signatures to the present Convention.

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Done at The Hague, the 18th October, 1907, in a single copy, 33 which shall remain deposited in the archives of the Netherland 34 Government, and duly certified copies of which shall be sent, 35 through the diplomatic channel, to the Powers invited to the 36 Second Peace Conference.

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