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Delivery of wounded, etc.

Soldiers inca

pacitated for

home.

Conditions of

return.

Commanders-in-chief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties.

Those who are recognized after their wounds are healed, service to be sent as incapable of serving, shall be sent back to their country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations, together with the persons under whose etc., to have ab- directions they take place, shall be protected by an absolute soluteneutrality. neutrality.

Evacuations,

Hospital, am

bulance, and

etc.

Arm badge.

ART. VII. A distinctive and uniform flag shall be adopted evacuation flag, for hospitals, ambulances, and evacuations. It must, on every occasion, be accompanied by the national flag. An arm-badge (brassard) shali also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority.

Flag and armbadge to bear red cross, etc.

Execution of

vention.

The flag and the arm-badge shall bear a red cross on a white ground.

ART. VIII. The details of execution of the present condetails of convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the general principles laid down in this convention.

Rights of employees, etc., in hospitals or ambulances.

Salary of neu

trals, etc., when in enemy hands.

8

Definition of the term "ambulance."

Charges for quartering of troops, and con

ADDITIONAL ARTICLES.

ARTICLE I. The persons designated in Article II of the Convention shall, after the occupation by the enemy, continue to fulfil their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.

ART. II. Arrangements will have to be made by the belligerent powers to insure to the neutralized person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary.

ART. III. Under the conditions provided for in Articles I and IV of the Convention, the name "ambulance" applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded.

ART. IV. In conformity with the spirit of Article V of the Convention, and to the reservations contained in the tributions, etc. protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants.

Wounded to be returned to their

ART. V. In addition to Article VI of the Convention, it country on con is stipulated that, with the reservation of officers whose dition of not detention might be important to the fate of arms and arms in the war. Within the limits fixed by the second paragraph of that

again bearing

article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war.

Articles concerning the Marine.

ART. VI. The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit.

The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war.

Boats picking up the ship. wrecked or wounded, etc.

ART. VII. The religious, medical, and hospital staff of Religious, medical, and hospital any captured vessel are declared neutral, and, on leaving staff of a cap. the ship, may remove the articles and surgical instruments tured vessel which are their private property.

ART. VIII. The staff designated in the preceding article must continue to fulfill their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article.

declared neutral.

Duties of staff

officers, etc.

ance of staff.

The stipulations of the second additional article are Pay and allow applicable to the pay and allowance of the staff.

pital ships to re

ART. IX. The military hospital ships remain under mar- Captured hostial law in all that concerns their stores; they become the main under marproperty of the captor, but the latter must not divert tial law, etc. them from their special appropriation during the continuance of the war.

*[The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriate to the special service on which they are employed.]

ART. X. Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited

*In the published English text, from which this version of the Additional Articles is taken, the paragraph thus marked in brackets appears in continuation of Article IX. It is not, however, found in the original French text adopted by the Geneva Conference, October 20, 1868.

By an instruction sent to the United States minister at Berne, January 20, 1883, the right is reserved to omit this paragraph from the English text, and to make any other necessary corrections, if at any time hereafter the Additional Articles shall be completed by the exchange of the ratifications hereof between the several signatory and adhering powers.

Merchant vessels performing hospital duty to

be treated as neutral, etc.

Cargo of mer

chant ship pro

The by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.

If the merchant ship also carries a cargo, her neutrality tected; when; Will still protect it, provided that such cargo is not of a proviso. nature to be confiscated by the belligerents.

Right of bellig. erents.

Wounded or

The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded.

ART. XI. Wounded or sick sailors and soldiers, when sick sailors and embarked, to whatever nation they may belong, shall be embarked, etc. protected and taken care of by their captors.

soldiers, when

Return to na

tive country.

White flag with

red cross, etc.,

Their return to their own country is subject to the provisions of Article VI of the Convention, and of the additional Article V.

ART. XII. The distinctive flag to be used with the naused by vessels tional flag, in order to indicate any vessel or boat which claiming neutralmay claim the benefits of neutrality, in virtue of the prinity. ciples of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.

Military hospitals painted white, etc.

Hospital ships. etc., and staff to be treated neutral.

ая

Flag sign, etc., of neutrality.

ance to wounded'

Military hospital ships shall be distinguished by being painted white outside, with green strake.

ART. XIII. The hospital ships which are equipped at the expense of the aid societies, recognized by the governments signing this Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents.

They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white with red strake.

Aid and assist These ships shall bear aid and assistance to the wounded and wrecked bel- and wrecked belligerents, without distinction of nationality. They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.

ligerents, with-
out distinction of
nationality.

Rights of bel. ligerents to con

The belligerents shall have the right of controlling and trol and visit ves. Visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step.

sels, etc.

wrecked picked

The wounded and wrecked picked up by these ships can- Wounded and not be reclaimed by either of the combatants, and they up, etc., can not will be required not to serve during the continuance of the be reclaimed.

war.

ART. XIV. In naval wars any strong presumption that Right of bellig erents to suspend either belligerent takes advantage of the benefits of neu- Convention, etc. trality, with any other view than the interest of the sick and wounded, gives to the other belligerent, until proof to the contrary, the right of suspending the Convention, as regards such belligerent.

suspension of Con

Should this presumption become a certainty, notice may Notice of aus. be given to such belligerent that the Convention is sus-vention, etc., to pended with regard to him during the whole continuance be given. of the war.

Sec.

ALIEN ENEMIES.

Sec.

4067. Removal of alien enemies. 4068. Time for removal.

4069. Jurisdiction of United States courts over alien enemies.

4070. Duties of marshals in removing
alien enemies.

Title 47.

July 6, 1798, s.

SEC. 4067. Whenever there is a declared war between the United States and any foreign nation or government, Removal of or any invasion or predatory incursion is perpetrated, at alien enemies. tempted, or threatened against the territory of the United 1, v. 1, p. 577. States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upward, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.

Time for removal.

p. 781.

SEC. 4068. When an alien who becomes liable as an enemy, in the manner prescribed in the preceding section, Ibid.; July 6, is not chargeable with actual hostility, or other crime against 1812, ch, 130, v. 2, the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

Jurisdiction of

United States

enemies.

2, v. 1, p. 577.

8.

SEC. 4069. After any such proclamation has been made, court over alien the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

Duties of mar shal in removing alien enemies.

578.

SEC. 4070. When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart Ibid., s. 3, P. and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute such order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.

cles connected

[blocks in formation]

Title 15, chap. 6. SEC. 1537. No patented article connected with marine Patented arti engines shall hereafter be purchased or used in connection with marine en- with any steam-vessels of war until the same shall have been submitted to a competent board of naval engineers, July 18, 1861, 8. and recommended by such board, in writing, for purchase

gines.

3, v. 12, p. 268.

Title 60, chap. 1.

entable.

July 8, 1870, s. 24, v. 16, p. 201.

and use.

SEC. 4886. Any person who has invented or discovered Inventions pat any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings had, obtain a patent therefor.

Patents for in

SEC. 4887. No person shall be debarred from receiving a ventions previ patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first pat

ously patented

abroad.

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