Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/16

 tributes of sovereignty. However, when rights of entry or residence have been extended by treaty to the subjects of a foreign nation, all the subjects of that nation are enti¬ tled to the benefit of the treaty, even though incidentally they receive greater privileges under it than native subjects. There is not lacking substantial European authority for the principle that religious liberty may be predicated in favor of aliens on the basis of treaties. G. F. von Martens, the great German publicist and diplomatist, who made the law of treaties his special study, says (translating from his Precis du droit des gens, 2d Ed. 1864, Vol. 1, p. 121):

"“The degree of liberty accorded to other religions than those of the particular state differs according to the fundamental laws and treaties in effect with foreign powers and, in default of them, it depends upon the will of each state guided by principles of a wise tolerance. This is true also with regard to the tolerance accorded religious sects which have no connection with the religion of the country, such as the Socinians, the Anabaptists, the Moravian Brethren, etc., and rarely any question arises in the foreign relations of European countries as to their rights, as well as those of the Jews.”"

Even Russian authority is in substantial accord. Professor F. de Martens, late president of The Hague Peace Congress, and probably the most distinguished Russian authority of our generation on international law, seems to have been in substantial accord, although he may have been unwilling to effectuate the principle by application in practice. In his Traite de droit international (translated from the Russian into French by A. Leo, 1883, Vol. 1, p. 447) he asserts that the state has complete power over aliens in its territory, and the conditions on which it will admit them. It may not place them, however, beyond the protection of law, nor subject them to general expulsion. Any nation guilty of this would take itself outside of the