Page:Encyclopædia Britannica, Ninth Edition, v. 23.djvu/552

Rh 532 TREATIES collections of J. Elliott (1834) and II. Minot (1844-50) ; see also Mr Bancroft Davis s Notes upon the Treaties of the United States vrith other Powers, preceded by a List of the Treaties and Conventions with Foreign Poioers, chronologically arranged, and followed by an Analytical Index and a Synoptical Index of th&amp;gt;; Treaties, 1873. In England no treaties were published before the 17th century, such matters being thought &quot;not fit to be made vulgar.&quot; The treaty of 1604 with Spain was, however, published by authority, as were many of the treaties of the Stuart kings. Rymer s Fcedcra was published, under the orders of the Government, in twenty volumes, from 1704 to 1732. Treaties are officially published at the present day in the London Gazette, and are also presented to parliament, but for methodical collections of treaties made by Great Britain we are indebted to private enterprise, which pro duced three volumes in 1710-13, republished with a fourth vol ume in 1732. Other three volumes appeared in 1772-81, the collection commonly known as that of C. Jeukinson (3 vols. ) in 1785, and that of Chalmers (2 vols.) in 1795. J. Macgregor pub lished (1841-44) eight volumes of commercial treaties, but the great collection of the commercial treaties of Great Britain is that of L. Hertslet, librarian of the Foreign Office, continued by his son and successor in office, Sir Edward Hertslet, entitled A Complete Collec tion of the Treaties and Conventions and Reciprocal Regulations at present subsisting between Great Britain and Foreign Powers, and of the Laws and Orders in Council concerning the same, so far as they relate to Commerce and Navigation, the Slave Trade, Post Office, &amp;lt;L-c. , and to the Privileges and Interests of the Subjects of the Contracting Parties, 1820-86, 16 vols. Sir Edward Hertslet also com menced in 1875 a series of volumes containing Treaties and Tariff s regulating the Trade between Britain and Foreign Nations, and Extracts of Treaties between Foreign Powers, containing the Most Favoured Nation Clauses applicable to Great Britain. The treaties affecting British India are officially set out, with historical notes, in A Collection of Treaties, Engagements, and Sannuds relating to India and Neighbouring Countries, by C. W. Aicheson. This work, with the index, extends to eight volumes, which appeared at Calcutta in 1862-66. List of 9. It may be worth while to add a list of some of the import- more important treaties, now wholly or partially in force, f&quot;*.. especially those to which Great Britain is a party, classified according to their objects, in the order suggested in para graph 3. political; (i.) The principal treaties affecting the distribution of territory between the various states of Central Europe are those of Westphalia (Osnabriick and Miinster), 1648; Utrecht, 1713; Paris and Hubertsburg, 1763; for the parti tion of Poland, 1772, 1793; Vienna, 1815; London, for the separation of Belgium from the Netherlands, 1831, 1839 ; Zurich, for the cession of a portion of Lombardy to Sardinia, 1859; Vienna, as to Schleswig-Holstein, 1864; Prague, whereby the German Confederation was dissolved, Austria recognizing the new North German Confederation, trans ferring to Prussia her rights over Schleswig-Holstein, and ceding the remainder of Lombardy to Italy, 1866 ; Frank fort, between France and the new German empire, 1871. The disintegration of the Ottoman empire has been regu lated by the great powers, or some of them, in the treaties of London, 1832, 1863, 1864, and of Constantinople, 1881, with reference to Greece; and by the treaties of Paris, 1856 ; London, 1871 ; Berlin, 1878 ; London, 1883, with reference to Montenegro, Roumania, Servia, Bulgaria, and the navigation of the Danube. The encroachments of Russia upon Turkey, previous to the Crimean War, are registered in a series of treaties beginning with that of Kutchuk-Kainardji, 1774, and ending with that of Adrian- ople in 1829. The independence of the United States of America was acknowledged by Great Britain in the treaty of peace signed at Paris in 1783. The boundary between the United States and the British possessions is regulated in details by the treaties of Washington of 1842, 1846, 1871. Switzerland, Belgium, Corfu and Paxo, and Lux emburg are respectively neutralized by the treaties of Vienna, 1815, and of London, 1839, 1864, 1867. A list of treaties of guarantee to which Great Britain is a party, and which are supposed to be still in force, beginning with a treaty made with Portugal in 1373, was presented to parliament in 1859. (ii.) For the innumerable conventions to which Great commer- Britain is a party as to commerce, consular jurisdiction, cial &amp;gt; fisheries, and the slave trade, it must suffice to refer to the exhaustive and skilfully devised index to Hertslet s Commercial Treaties, forming volume xvi., 1885. (iii.) The social intercourse of the world is facilitated by social ; conventions, such as those establishing the Latin monetary union, 1865; the international telegraphic union, 1865; the universal postal union, 1874; the international bureau of weights and measures, 1875; and providing for the protection of submarine cables in time of peace, 1884. Such treaties are somewhat misleadingly spoken of by recent writers (L. von Stein and F. de Martens) as con stituting a &quot; droit administratif international.&quot; (iv.) The following are the now operative treaties of as to ex- extradition to which Great Britain is a party: V vith tratiition the United States, 1842 ; Brazil and Germany, 1872 ; Austria, Denmark, Italy, Norway and Sweden, 1873 ; Hayti and Netherlands, 1874; Belgium and France, 1876 ; Spain, Portugal (as to India only), 1878; Tonga, 1879; Luxemburg, Equador, and Switzerland, 1880 ; Salvador, 1881; Uruguay, 1884; Guatemala, 1885; Russia, 1886. It will be observed that all these, except the treaty with the United States, are subsequent to and governed by the provisions of 33 and 34 Viet. c. 52, &quot;The Extradition Act, 1870.&quot; Before the passing of this general Act, it had been necessary to pass a special Act for giving effect to each treaty of extradition. The most complete collec tion of treaties of extradition is that of- F. J. Kirchner, L Extradition, Recueil, &c., London, 1883. (v.) General conventions, to which most of the Euro- as to pean states are parties, were signed in 1883 at Paris for Copyright, the protection of industrial, and in 1886 at Bern for the protection of literary and artistic, property. (vi.) Certain bodies of rules intended to mitigate the as to the horrors of war have received the adhesion of most civilized c mluct states. Thus the declaration of Paris, 1856 (to which, fare however, the United States, Spain, Mexico, Venezuela, Columbia, Bolivia, and Uruguay have declined to accede), prohibits the use of privateers and protects the commerce of neutrals; the Geneva convention, 1864, gives a neutral character to surgeons and hospitals ; and the St Peters burg declaration, 1868, prohibits the employment of ex plosive bullets weighing less than 400 grammes. It were greatly to be wished that the official publication of treaties could be rendered more speedy and more methodical than it now is. The labours of the publicist would also be much lightened were it possible to con solidate the various general collections of diplomatic acts into a new Corps Diplomatique Universel, well furnished with cross references, and with brief annotations showing how far each treaty is supposed to be still in force. 10. In addition to the works already cited in the course of this Litera- article the following are for various reasons important: Joh. Lupus, tore. De Confederations Principum, Strasburg, 1511 (the first published monograph upon the subject); Bodinus, Dissertatio de Contractibus Summarum Potestatum, Halle, 1696 ; Neyron, De Vi Fcedcrum inter Gentes, Gott., 1778; Neyron, Essai Historique ct Politique sur les Garanties, &c., Gott, 1797; Wiichter, De Modis Tollcndi Pacta inter Gentes, Stuttg., 1780; Dresch, Ueber die Dauer dcr Volkervcrtrage, Landshut, 1808 ; C. Bergbohm, Staatsvertrdge und Gesetze als Quellen des Volkerrechts, Dorpat, 1877 ; Jellinek, Die rechtlichc Natur der Statenvcrtrdgcn, Vienna, 1880; Holzen- dorff, Handbuch des Volkerrechts, vol. iii., 1887. On the history of the great European treaties generally, see the Histoire Abregee des Traites de Paix entrc les Puissances de V Europe, by Koch, as recast and continued by Schbll, in 1817 and 1818, and again by Count de Garden in 1848-59 ; as also the Rccueil Manuel of De Martens and Cussy, now continued by Geffcken. For the peace of West phalia Piitter s Geist des westphalischcn Fricdens, 1795, is useful; for the congress of Vienna, Kliiber s Actcn des Wiener Congresses, 1815-19, and Le Congres de Vicnne et les Traites de IS 15, precedi des Conferences de Dresde, de Prague, ct de Chatillon, suim des Congres d Aix-la-Chapelle, Troppau, Laybach, et Verone, by Count