第49章 MENTIONS OF BELLIGERENTS ON LAND.(4)

Before closing this lecture it win be useful to note the substance ofthe statements made in the modern Manuals in respect to a number of termswhich are in much use in this part of military operationsbut which arevery loosely employed by civilians and even by historical writersFirstas to what is called a CapitulationA capitulation is an agreement for thedelivery of a besieged place or forces divided in the field into the handsof the enemyThe commanders on either side are invested with popover toagree to the terms of a capitulationinasmuch as the possession of suchpowers is necessary to the proper exercise of their functionsOn the otherhandthe extent of their powers is limited by the necessity for their exercise.

In the surrender of a place the questions at issue are the immediate possessionof the place itselfand the fate of the garrisonA capitulationtherefore,must be limited to these questionsIt may declare that the garrison is tosurrender unconditionally as prisoners of waror to be entitled to marchout with all the honours of warIt may also provide that the soldiers comprisingthe garrison are not to serve again during the warFurther conditions forthe protection of the inhabitants and of their privilegesand for theirimmunity from pillage or contributionmay fairly be put into a capitulation.

A stipulation in a capitulation to the effect that the garrison should neveragain bear arms against the forces of the conquering stateor that the sovereigntyof the town should change handswould be invalidinasmuch as powers forsuch extensive purposes belong only to the sovereign power of the State,and cannot ever be presumed to be delegated to inferior officers.

A few words will not be thrown away on Flags of TruceSuch a flag canonly be used legitimately for the purpose of entering into some arrangementwith the enemyIf adopted with a view surreptitiously to obtain informationas to the enemy's forcesit loses its character of a flag of truce and exposesits bearer to the punishment of a spyGreat cautionhoweverand the mostconclusive evidence are held to be necessary before the bearer of such aflag can be convicted as a spyThe bearer of a flag of truceat the sametimeshould not be allowed without permission to approach sufficiently nearto secure any useful informationWhen an army is in positionthe bearerof a flag of truce should notwithout leavebe permitted to pass the outerline of signalsor even to approach within the range of their guns.

When a flag of truce is sent from a detachment during an engagementthetroop from which it is sent should halt and cease firingThe troop to whichit is sent shouldif the commander is willing to receive itsignal to thateffect and also cease firingbut it must be understood that firing duringan engagement does not necessarily cease on the appearance of a flag of truce,and that the parties communicating with such flags cannot complain if thosewho sent them should carry on the firingWhen it is intended to refuse admissionto a flag of trucethe bearer shouldas soon as possiblebe signalledto retireand if he do not obey the signalhe may be fired upon.

A few words may be usefully added on other terms of the art of war whichare allied to those which I have been definingA Cartel is an engagementfor the exchange of prisoners of warA cartel ship is a ship commissionedfor the exchange of prisonersShe is considered a neutral shipand mustnot engage in any hostilities or carry implements of war except a signalgunA Safe-conduct or Passport is a document given by the commander of abelligerent force enabling certain persons to passeither alone or withservants and effectswithin the limits occupied by the force of such commandingofficerIn the so-called Schnabele case which arose on the frontier of Franceand Germanyyou may rememberit was decided there might be an implied safe-conduct.

The expression 'passportis usually applied to personsand 'safe-conduct' both to persons and thingsA safe-conduct for a person is not transferable,and comes to an end at the date statedunless the bearer is detained bysickness or other unavoidable causein which case it terminates on the cessationof the causeA safe-conduct may be revoked if it is injurious to the State;that isan officer preparing for a great expedition may revoke the safe-conductof a person who would by means of such safe-conduct be able to carry informationto the enemyIn such casehoweverhe must give time and opportunity tothe bearer to withdraw in safetyA safe-conducthoweverfor goods admitsof their being removed by some person other than the ownerunless thereis some specific objection against the person employedA Safe-guard is aguard posted by a commanding officer for the purpose of protecting propertyor persons against the operations of his own troopsTo force such a guardis by English law a military offense of the gravest characterand our ArmyAct makes it punishable by death.

You may remember that not many months ago serious uneasiness was feltthroughout Europe on account of an incident on the new French and GermanfrontierA French officialbelonging by birth to the former German populationof provinces now Frenchwas found on territory now Germanunder circumstanceswhich made him liable to arrest under a German lawHis defence wasthaton that and several past occasions he had been invited by the German frontierofficials to help in settling border questionsThe German officials assertedthathowever that might behe was on the present occasion engaged in actsof hostility to GermanyAfter some diplomatic correspondencethe GermanGovernment laid down thatif German officials invited a French functionaryto cross the frontier into German territory for any reasonhe enjoyed animplied safe-conduct to his home in Franceand therefore MSchnabele wasreleasedThe controversythereforeended in the establishment of the pointthat a safe-conduct may be not only express but implied.