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 LAW OF NATIONS 225 in another state of the Union, must be executed with the formalities which are required in that state in which the land lies. On the European continent, however, a different rule is admitted, and a deed or will, properly executed where it is made, may dispose of real property lying in another jurisdiction, no matter what forms of execution may be demanded there. As to per- sonal property, it is now the well settled rule of international jurisprudence, that the law of the owner's domicile must govern the succes- sion to it wherever the property may be. The municipal laws of states may sometimes have an extra-territorial effect, so far, for example, as to determine the civil and personal capaci- ties of their citizens while residing in foreign countries, or in defining the obligations of con- tracts made within their territory, but sought to be enforced in foreign jurisdictions. But in neither case will the foreign state resign its con- trol over property lying within its limits, or ad- mit the operation of other laws than its own, when that would prejudice the rights or inter- ests of its citizens, or in any degree infringe its own sovereign authority. The jurisdiction of a state extends also so far as to exempt its sov- ereign, or his ambassador, or his fleets and armies, from the operation of the laws of a country where they may be. The same exemp- tion extends to its fleets and armies, when they are suffered to pass through a foreign state, and generally to its public ships. These ex- emptions rest on the promise implied in the comity of nations that no state will exercise its jurisdiction over that which most intimate- ly affects the sovereignty of another. Special conventions may concede to consuls an author- ity over their countrymen in the foreign states in which they reside. In Christian countries this authority is usually limited to such civil matters as fhose arising out of disputes between ship masters and seamen, and to the ministerial acts of attesting contracts and protests, and authenticating other mercantile instruments. In criminal affairs the consul's jurisdiction is limited to the infliction of fines, and in grave cases it is his duty to collect evidence, and send the accused to his own country for trial. In semi-civilized and barbarous countries our con- suls often possess complete and exclusive juris- diction over matters relating to their country- men. Except as it is modified by treaty, the judicial power of every state is coextensive with its territory. It reaches all offences committed against its laws, whether by its own subjects or by aliens, and whether within its landed do- main or on board its ships, public or private, upon the high seas, or on its public ships in foreign ports. As to the return for trial and punishment of offenders who escape to a for- eign jurisdiction, see EXTEADITION. Though sovereign states are equal, so far as essential rights are concerned, yet in respect to titles and similar distinctions, some of them may assert a preeminence over others. Thus, in virtue of the " royal honors " which every empire and kingdom in Europe enjoys, these powers may claim certain exclusive privileges of a com- mercial nature, and take precedence of states which are inferior in dignity. To avoid con- tests or questions of superiority, the order of signature to public instruments has been often determined by lot, by the use of the alphabet, or by the alternat,)j which latter mode the rep- resentative of each government signs first in order the copy intended for his own govern- ment. Every independent power possesses the right to send and to receive embassies. In monarchies the prerogative usually resides in the sovereign. In composite states, like the Uni- ted States, it is generally reserved to the federal government, that is, to the supreme executive power. By grant from their respective gov- ernments, the right of embassy has been often exercised by the governors of great colonial states. Thus, the British governors general of India, the Spanish governors of the Philippines, and the Dutch governors of Java have possessed the right; so have the Dutch, French, and British East India companies. A merely rebel- lious colony cannot assert a jus legationis; but when rebellion has grown to war, and rebels have become enemies, powerful enough to main- tain their hostile and independent posture, then they become capable of new rights, including that of negotiation and therefore of embassy. Yet, as to indifferent states, the international position and right of the revolted colony de- pend on their recognition of it. The state which has the right to send embassies has also the right to receive them, though there is per- haps no perfect obligation in either case, under the positive law of nations. Phillimore says that a state is bound to give audience to an ambassador, and, except under extraordinary circumstances, to receive him for that purpose into its territory and at its court ; though, he adds, it may make conditions as to the nation- ality of the minister, refusing, for example, to receive one of its own subjects. The privilege of continuous residence rests in comity, and is not matter of right. Public ministers are com- monly divided into three classes. The first of these comprises ambassadors ordinary and ex- traordinary, as the mission is limited or inde- terminate in point of time, and papal legates and nuncios, ordinary and extraordinary. These all have the representative character, and are entitled to the same honors which the sover- eign power would itself receive. Diplomatic agents of this rank can be sent only by crowned heads, the great republics, and other powers which enjoy royal honors. The second class includes envoys ordinary and extraordinary, ministers plenipotentiary, and internuncios of the pope. In the third class are ranked charge's d'affaires accredited to ministers of foreign af- fairs, and consuls, such as those maintained in the Barbary states by the European powers, who bear credentials as public agents of their governments. Ministers resident accredited to the sovereign are sometimes ranked as a sepa-