The Government Class Book Part 24

Chapter LXVII.

Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Right of Search; Safe Conducts and Pa.s.sports; Truces; Treaties of Peace.

--1. A neutral nation is bound to observe a strict impartiality toward the parties at war. If she should aid one party to the injury of the other, she would be liable to be herself treated as an enemy. A loan of money to one of the belligerents, or supplying him with other means of carrying on a war, if done with the view of aiding him in the war, would be a violation of neutrality. But an engagement made in time of peace to furnish a nation a certain number of s.h.i.+ps, or troops, or other articles of war, may afterward, in time of war, be fulfilled.

--2. A nation is not bound, however, on the occurrence of a war, to change its customary trade, and to cease supplying a belligerent with articles of trade which such belligerent was wont to receive from her, although the goods may afford him the means of carrying on the war. So if a nation has been accustomed to lend money to another for interest, and the latter should become engaged in war with a third power, the neutral would not break her neutrality if she should continue to lend her money. The wrong in any case lies in the _intention_ to aid one to the detriment of the other.

--3. This rule, it is believed, is universally admitted in cases of belligerents going themselves to a neutral country to make their purchases. But whether a neutral nation is at full liberty to _carry the goods_ in the cases mentioned, is not so certain. A nation in a just war has a right to deprive her enemy of the means of resisting or injuring her, and therefore may lawfully intercept every thing of a warlike nature which a neutral is carrying to such enemy.

--4. Articles which a neutral nation is not allowed to carry to an enemy, are called contraband goods. What these are, it is impossible to say with precision, as some articles may in certain cases be lawfully carried, which would be justly prohibited under other circ.u.mstances.

Among the articles usually contraband, are arms, ammunition, materials for s.h.i.+p-building, naval stores, horses, and sometimes even provisions.

--5. Contraband goods, when ascertained to be such, are confiscated to the captors as lawful prize. Formerly the vessel also was liable to be condemned and confiscated; but the modern practice, it is said, exempts the s.h.i.+p, unless it belongs to the owner of the contraband articles, or the carrying of them is connected with aggravating circ.u.mstances.

--6. One of the rights of a belligerent nation which a neutral is bound to regard, is the right of blockade. _Blockade_ is a blocking up. A war blockade is the stationing of s.h.i.+ps of war at the entrance of an enemy's ports, to prevent all vessels from coming out or going in. The object of a blockade is to hinder supplies of arms, ammunition, and provisions from entering, with a view to compel a surrender by hunger and want, without an attack. A neutral vessel attempting to enter or depart, becomes liable to be seized and condemned. Towns and fortresses also may be shut up by posting troops at the avenues.

--7. A simple decree or order declaring a certain coast or country in a state of blockade, does not const.i.tute a blockade. A force must be stationed there, competent to maintain the blockade, and to make it dangerous to enter. And it is necessary that the neutral should have due notice of the blockade, in order to subject his property to condemnation and forfeiture. According to modern usage, if a place is blockaded by sea only, trade with it by a neutral nation may be carried on by inland communication. And a neutral vessel, loaded before the blockade was established, has a right to leave the port with her cargo.

--8. To prevent the conveyance of contraband goods, the law of nations gives a belligerent nation the _right of search_; that is, the right, in time of war, to search neutral vessels, to ascertain their character, and what articles are on board. A neutral vessel refusing to be searched by a lawful cruiser, would thereby render herself liable to condemnation as a prize. Private merchant vessels only are subject to search; the right does not extend to public s.h.i.+ps of war.

--9. The property of an enemy found on board of a neutral vessel, may be seized, if the vessel is beyond the limits of the jurisdiction of the nation to which she belongs; but the vessel is not confiscated; and the master is ent.i.tled to freight for the carriage of the goods. The _property of neutrals_ found in an enemy's vessels, is to be restored to the owners.

--10. A neutral is forbidden by the law and practice of nations, to permit a belligerent to arm and equip vessels of war within her forts.

Nor may the citizens of a nation fit out any vessel, or enlist, to go beyond the limits of their own country to a.s.sist any people in war against another with whom they are at peace.

--11. It is sometimes agreed to suspend hostilities for a time. If the agreement is only for a short period, for the purpose of burying the dead after battle, or for a parley between the hostile generals; or if it regards only some particular place, it is called a cessation or _suspension of arms_; if for a considerable time, and especially if general, it is called a _truce_. By a partial truce, hostilities are suspended in certain places, as between a town and the general besieging it; and generals have power to make such truces. By a general truce, hostilities are to cease generally, and in all places, and are made by the governments or sovereigns. Such truces afford opportunities for nations to settle their disputes by negotiation.

--12. A truce binds the contracting parties from the time it is made; but individuals of the nation are not responsible for its violation before they have had due notice of it. And for all prizes taken after the time of its commencement, the government is bound to make rest.i.tution. During the cessation of hostilities, each party may, within his own territories, continue his preparations for war, without being charged with a breach of good faith.

--13. War is generally terminated, and peace secured, by _treaties of peace_. The manner of making treaties has been described. (Chap. XL, --5.) A treaty of peace puts an end to the war, and leaves the contracting parties no right to take up arms for the same cause.

--14. The parties to a treaty of peace are bound by it from the time of its conclusion, which is the day on which it is signed; but, as in the case of a truce, persons are not held responsible for any hostile acts committed before the treaty was known; and their government is bound to order and enforce the rest.i.tution of property captured subsequently to the conclusion of the treaty.

--15. War is sometimes terminated by _mediation_. A friend to both parties, desirous of stopping the destruction of human life, kindly endeavors to reconcile the parties. The friendly sovereign who thus interposes, is called _mediator_. Many desolating wars might have been early arrested in this way, or wholly prevented, had there always been among friendly powers a disposition to reconcile contending nations.

Synopsis of the State Const.i.tutions.

Maine.

The District of Maine, formerly belonging to the state of Ma.s.sachusetts, adopted in convention, October 29, 1819, the present const.i.tution, and was admitted into the Union as a state, March 15, 1820. The const.i.tution has received several alterations.

_Electors._ All male citizens, having had a residence in the state three months, except paupers, persons under guardians.h.i.+p, and Indians not taxed.

_Legislature._ The house of representatives consists of one hundred and fifty-one members, apportioned among the counties according to population; and the number apportioned to each county are apportioned among the towns according to the population. A representative must have been a citizen of the United States five years, resided in the state one year, and in the town or district he is chosen to represent, three months. Senate, not less than twenty, nor more than thirty-one members, elected in districts by majority. If a senator is not elected by the electors, the house and the senators elected choose one from the two candidates having the highest numbers of votes. Age, twenty-five years, otherwise qualified as representatives.

A majority const.i.tutes a _quorum_. Bills vetoed by the governor become laws when re-pa.s.sed by two-thirds majorities. Also bills become laws if not returned by the governor within five days, unless their return is prevented by adjournment, in which case they will become laws unless returned within three days after the next meeting.

_Executive._ The governor is elected annually, by majority. If no person has a majority, the house, from those voted for (not exceeding four) having the highest numbers of votes, elects two, of whom the senate elects a governor. Age, thirty years, a native citizen, resident of the state five years. An executive council of seven, chosen annually by the legislature on joint ballot. Power of appointment is exercised by the governor and council. No lieutenant-governor.

Secretary of state, treasurer, and attorney-general, are chosen annually by joint ballot of both houses.

_Judiciary._ A supreme judicial court, and such other courts as the legislature may establish. Judges of the judicial court are appointed by the governor and council for seven years; judges and registers of probate are elected in the counties for four years.

Officers may be removed by impeachment, and by the governor and council on address of both houses of the legislature.

Amendments to the const.i.tution may be proposed by two-thirds of both branches, and ratified by the electors at the next annual election.

New Hamps.h.i.+re.

The first const.i.tution of this state was adopted in 1784; the present one in 1792, and has been amended.

_Electors._ All male citizens, except paupers and persons excused from paying taxes at their own request, resident in the state six months, and in the town three months.

_Legislature_--called _general court_. Senate, twelve members, elected annually in single districts; thirty years of age; inhabitants of the state seven years, and inhabitants of their respective districts.

Representatives are apportioned among the towns according to ratable male polls, (male tax-payers;) state residence, two years. Senators and representatives must be of the Protestant religion. _Quorum_, a majority.

Bills pa.s.sed against the veto by two-thirds majorities--also become laws if not returned within five days, unless the return is prevented by adjournment.

_Executive._ The governor is elected annually by majority. If no person has a majority, the two houses elect one of the two highest. Age, thirty years; inhabitant of the state, seven years, and a Protestant. Council of five, one in each district, elected annually by majority. Power of appointment and of pardon exercised by the governor and council. No lieutenant-governor.

Secretary of state, treasurer, and commissary-general appointed by joint ballot of both houses.

_Judiciary._ Judicial officers are appointed by the governor and council; justices of the peace for five years, judges of the higher courts during good behavior. Judges disqualified at seventy years of age.

Attorney-general, solicitors, sheriffs, coroners, registers of probate, and naval and the higher militia officers, are appointed by the governor and council. County treasurers and registers of deeds are elected in the counties.

_Amendments._ The sense of the people is taken every seven years; and if a majority favor a revision, the legislature calls a convention; and any alterations proposed by the convention must be approved by two-thirds of the qualified electors who vote thereon.

Vermont.

This state was admitted into the Union in 1791, with a const.i.tution formed in 1777; the present one was adopted in 1793, and has been several times amended.