ence without a
warning previously given and unequivocal, in the form either of
a reasoned declaration of war, or of an ultimatum, with a
conditional declaration of war."

And the Convention goes on to provide that--

(2) "The state of war ought to be notified without delay to
neutral Powers, and shall be of no effect with reference to
them, until after a notification, which may be made even
telegraphically. Nevertheless, neutral Powers may not plead
absence of notification, if it has been shown beyond question
that they were in fact cognisant of the state of war." Any
reference to the need of an interval between declaration and
the first act of hostility (such as is contained in the third
of the resolutions of the Institut) was deliberately omitted
from the Convention, although a declaration immediately
followed by an attack would obviously be of little service to
the party attacked. (See the present writer's _Laws of War on
Land (written and unwritten)_, 1908, P. 18.)

* * * * *

SECTION 2

_The Immediate Effects of the Outbreak of War_

_Enemy Residents_

Before any actual hostilities have taken place, each
belligerent acquires, _ipso facto_, certain new rights over
persons and property belonging to the other, which happen to be
at the time within its power, e.g. the right, much softened
in modern practice, and specifically dealt with in The Hague
Convention, No. vi. of 1907, of capturing enemy merchant
vessels so situated.

The following letter deals with the permissible treatment of
enemy persons so situated; and was suggested by a question
asked in the House of Commons on February 25, 1909, by Mr.
Arnold-Forster: viz. "What would be the _status_ of officers
and men of the regular Army of a hostile belligerent Power,
found within the limits of the United Kingdom after an act or
declaration of war; and would such persons be liable to be
treated as prisoners of war, or would they be despatched under
the protection of the Government to join the forces of the
enemy?" The general effect of the Attorney-General's reply may
be gathered from the quotations from it made in the letter.

The topic was again touched upon on March 3, in a question put
by Captain Faber, to which Mr. Haldane replied.

FOREIGN SOLDIERS IN ENGLAND

Sir,--