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ART. V. In addition to Article VI of the Convention, it is stipulated that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph of that 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.
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.1
The appreciation of these circumstances is entrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war. ART. VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property.
ART. VIII. The staff designated in the preceding article must continue to fulfil 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.
The stipulations of the second additional article are applicable to the pay and allowance of the staff.
ART. IX. The military hospital ships remain under martial law in all that concerns their stores; they become the property of the captor, but the latter must not divert 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 appropriated to the special service on which they are employed.2
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 by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The 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 will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents.
The belligerents retain the right to interdict neutralised vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special
'During the war with Spain, 1898, Articles VI to XV, concerning naval forces, were adopted as a modus vivendi by the United States and Spain while the hostilities lasted, and a circular declaring that fact was issued by the Secretary of State May 13, 1898.
2 This paragraph does not appear in the French text, and the right was reserved to omit it upon the exchange of ratifications.
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 embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.
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 national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles 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 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.
These ships shall bear aid and assistance to the wounded 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.
The belligerents shall have the right of controlling and 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.
The wounded and wrecked picked up by these ships cannot be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.
ART. XIV. In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, 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.
Should this presumption become a certainty, notice may be given to such belligerent that the Convention is suspended with regard to him during the whole continuance of the war.
ART XV. The present Act shall be drawn up in a single original copy, which shall be deposited in the Archives of the Swiss Confederation.
An authentic copy of this Act shall be delivered, with an invitation to adhere to it, to each of the signatory Powers of the Convention of the 22d of August, 1864, as well as to those that have successively acceded to it.
In faith whereof, the undersigned commissaries have drawn up the present project of additional articles and have apposed thereunto the seals of their arms.
Done at Geneva, the twentieth day of the month of October, of the year one thousand eight hundred and sixty-eight.
J. B. G. GALIFFE.
D. FELICE BARROFIO.
H. A. VAN KARNEBEEK.
F. N. STAAFF.
G. H. DUFOUR.
A. COUPVENT DES BOIS.
JOHN SAVILLE LUMLEY.
H. R. YELVERTON.
DR. C. HAHN.
INTERNATIONAL BUREAU OF WEIGHTS AND MEASURES.
Concluded at Paris May 20, 1875; ratification advised by the Senate May 15, 1878; ratified by the President May 28, 1878; ratifications exchanged August 2, 1878; proclaimed September 27, 1878. (Treaties and Conventions, 1889, p. 1157.)
(The treaty submitted to the Senate and attached to the proclamation is in the French language. The text here printed is from a translation made in the Department of State.)
His Excellency the President of the United States of America, His Majesty the Emperor of Germany, His Majesty the Emperor of AustriaHungary, His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Excellency the President of the Argentine Confederation, His Majesty the King of Denmark, His Majesty the King of Spain, His Excellency the President of the French Republic, His Majesty the King of Italy, His Excellency the President of the Republic of Peru, His Majesty the King of Portugal and the Algarves, His Majesty the Emperor of all the Russias, His Majesty the King of Sweden and Norway, His Excellency the President of the Swiss Confederation, His Majesty the Emperor of the Ottomans, and His Excellency the President of the Republic of Venezuela, desiring international uniformity and precision in standards of weight and measure, 7468- -43
have resolved to conclude a convention to this effect, and have named as their plenipotentiaries the following:
His Excellency the President of the United States of America: Mr. Elihu Benjamin Washburne, Envoy Extraordinary and Minister Plenipotentiary of the United States at Paris;
His Majesty the Emperor of Germany: His Highness Prince Hohenlohe-Schillingsfürst, Grand Cross of the Order of the Red Eagle of Prussia, and of the Order of St. Hubert of Bavaria, &c., &c., &c., his Ambassador Extraordinary and Plenipotentiary at Paris;
His Majesty the Emperor of Austria-Hungary: His Excellency Count Apponyi, his Actual Chamberlain and Privy Counselor, Knight of the Golden Fleece, Grand Cross of the Royal Order of St. Stephen of Hungary, and of the Imperial Order of Leopold, &c., &c., &c., his Ambassador Extraordinary and Plenipotentiary at Paris;
His Majesty the King of the Belgians: Baron Beyens, Grand Officer of his Order of Leopold, Grand Officer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the Emperor of Brazil: Mr. Marcus Antonio d'Araujo, Viscount d'Itajuba, Grandee of the Empire, member of His Majesty's Council, Commander of his Order of Christ, Grand Officer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Excellency the President of the Argentine Confederation: Mr. Balcarce, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Confederation at Paris;
His Majesty the King of Denmark: Count de Moltke-Hvitfeldt, Grand Cross of the Order of Dannebrog, and decorated with the Cross of Honor of the same order, Grand Officer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the King of Spain: His Excellency Don Mariano Roca de Togores, Marquis de Molins, Viscount de Rocamora, Grandee of Spain of the First Class, Knight of the Renowned Order of the Golden Fleece, Grand Cross of the Legion of Honor, &c., &c., &c., Director of the Royal Spanish Academy, his Ambassador Extraordinary and Plenipotentiary at Paris; and General Ibañez, Grand Cross of the Order of Isabella the Catholic, &c., &c., Director General of the Geographical and Statistical Institute of Spain, Member of the Academy of Sciences; His Excellency the President of the French Republic: The Duke Decazes, deputy to the National Assembly, Commander of the Order of the Legion of Honor, &c., &c., &c., Minister of Foreign Affairs; the Viscount de Meaux, deputy to the National Assembly, Minister of Agriculture and of Commerce; and Mr. Dumas, Perpetual Secretary to the Academy of Sciences, Grand Cross of the Order of the Legion of Honor;
His Majesty the King of Italy: The Chevalier Constantino Nigra, Knight of the Grand Cross of his Orders of St. Maurice and St. Lazarus, and of the Crown of Italy, Grand Officer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Excellency the President of the republic of Peru: Mr. Pedro Galvez, Envoy Extraordinary and Minister Plenipotentiary of Peru at Paris; and Mr. Francisco de Rivero, formerly Envoy Extraordinary and Minister Plenipotentiary of Peru;
His Majesty the King of Portugal and of the Algarves: Mr. José da Silva Mendes Leal, Peer of the Realm, Grand Cross of the Order of
Saint James, Knight of the Order of the Tower, and Sword of Portugal, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the Emperor of all the Russias: Mr. Gregory Okouneff, Knight of the Russian Orders of St. Anne of the first class, of St. Stanislaus of the first class, of St. Vladimir of the third class, Commander of the Legion of Honor, Actual Counselor of State, Counselor of the Embassy of Russia at Paris;
His Majesty the King of Sweden and Norway: Baron Adelswärd, Grand Cross of the Order of the Polar Star of Sweden, and of St. Olaf of Norway, Grand Officer of the Legion of Honor, &c., &c., &c., his Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Excellency the President of the Swiss Confederation: Mr. Jean Conrad Kern, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation at Paris;
His Majesty the Emperor of the Ottomans: Husny Bey, LieutenantColonel of Staff, wearer of a fourth-class decoration of the Imperial Order of Osmania, of a fifth-class decoration of the Order of Medjidie, Officer of the Legion of Honor, &c., &c., &c.;
His Excellency the President of the Republic of Venezuela: Doctor Eliseo Acosta,
Who, after having exhibited their full powers, which were found to be in good and due form, have agreed upon the following articles:
The high contracting parties engage to establish and maintain, at their common expense, a scientific and permanent international bureau of weights and measures, the location of which shall be at Paris.
The French Government shall take all the necessary measures to facilitate the purchase, or, if expedient, the construction, of a building which shall be especially devoted to this purpose, subject to the conditions stated in the regulations which are subjoined to this convention.
The operation of the international bureau shall be under the exclusive direction and supervision of an international committee of weights and measures, which latter shall be under the control of a general conference for weights and measures, to be composed of the delegates of all the contracting governments.
The general conference for weights and measures shall be presided over by the president for the time being of the Paris Academy of Sciences.
The organization of the bureau, as well as the formation and the powers of the international committee, and of the general conference for weights and measures, are established by the regulations subjoined to this convention.