Page:The New International Encyclopædia 1st ed. v. 10.djvu/796

* INTERNATIONAL LAW. 706 INTERNATIONAL LAW. within u country is subject to its jurisdiction; if it furiii the buundary, both nations have equal rights of navigation ; if it rise in one and How through another country, comity should allow the upper (State to use the river to its mouth. Hut comity is not law. and rights of navigation in such cases are secured by treaties, as in tlie case of the -Mississippi in I7!)5, and the Saint Law- rence in 18J4. Lakes belong naturally to the State inclosing them. In the l"nited States the Great Lakes are considered high scan, and bodies of wn'.er connect- ing them with the ocean share their nature. iMarginal seas to a marine league from shore are subject to jurisdiction of the State washed thereby, and the State exercises jurisdietion over all merchant vessels found within this limit. If bays, gulfs, or other inlets arc less than two marine leagues in width, they are likewise ex- clusively subject to the State, and even if the opening be greater than six miles, internntioniil law ])ermits exercise of exclusive jurisdietion. Delaware and Chesapeake bays arc inclosed, not high seas. Jlerchant vessels on the high se.is are subject to jurisdiction of the Hag they Moat, for the rea- son that the seas are unappropriated and assump- tion of jurisdiction in such cases dm-s not inter- fere with the rights of any other State. Hence, a crime conunittcd by an American sailor on a British merchantman on the high seas would l)c triable in England ; but a niercliant vessel in a foreign port is subject to the jurisdiction of the port unless exempt by treaty. The Krench rule, widely adopted, exempts the vessel from jnri-dic- tion of port unless crime committed on board dis- turbs the peace of the port. For reasons of State, war-vessels are wholly exempt from foreign juris- diction. Such is the property a State naturally owns. Other property, real or personal, may be ac- quired. Tlie acquisition of per.sonalty offers no diiriculties. but the case is otherwise with realty. International law sanctions four methods of ac- quiring territory: (1) Occupation of vacant or unoccupied land, as in case of the .merican con- tinent. Mere discovery, unaccompanied by use and occupation, vests no title (Oregon, 1846). (2) Prescription or pcsscssion for a long time. This method of acquisition is disputed, but .sanctioned by the Supreme Court of the I'nited States. "(,3) Gift, purchase, or treaty (Florida, 1819; Texas, 184.5: Gadsden Purchase, IS.iS: Alaska, 1807; Hawaii, 1898). (4) Con- quest (Mexican War, 184(i-48: Spani«h-.merican War. 1808. with cession of Porto Rico and the Philippines) . On suppression of rebellion, cession of terri- tory or absorption, property rights, treaty obli- gations, and public obligations pass to the new sovereign, but non-political laws remain in force until changed by the new master. Vested private rights are unafTeeted by the change. Within its territory, however acquired, the State is sov- ereign and regulates its internal affairs in ac- cordance with its Constitution. The citizen owes allegiance and receives protection. See .Alien; COXQIEST; COXFI.TCT OF Laws ; Ji-Rl.SDIcnON ; Hifiii Seas; ExTRAnmox. -Allegiance and protection are reciprocal; hence permanent allegiance demands permanent protec- tion. When the citizen or subject leaves his country and settles elsewhere, to what extent may he claim protection from the home Govern- ment? Residence implies obedience and tem- porary allegiance, but it is well settled that sub- mission to injustice is not a duty, and that a State may protect citizens in foreign parts against denial of ordinary justice. If the courts are open to them, they must there seek reilress; if the i-ourts are closed or so j)rejudiced as to make the proceeding useless, they may ap|M-al to their country for diplomatic .setllemcnt. The n;i tion may resort to reprisals or to war if nec<~ sary. It should be noted that a State is liable for damage caused by mob violence to alien nvsidents if such dannige could have U-en averted by due diligence: but the State is clearly not liable for damage resulting from riots, civil conunotion, or civil war in which property of aliens and citi- zens alike suiters. For the purpose of securing justice to citizens abroad and for safeguarding its other interests, States employ two classes of agents: diplonuitic and consular. The principle of State equality prescribes equality of representation; and as the political cor|>oration. not the personal ruler, is represented, the form of government is clearly im- material. Diplomatic agents are clothed with diplomatic immunity or inviolability. Sec Ixvt- OLAniLITY; DlPLOSlATlC ACE.NTS ; CONSLL, MeH- CAXTII.E. It cannot be doubted that a State may contract as freely as a private individual. If the contract be with an individual, the State cannot be sued in court except by consent and on terms pre- scribed by it. In the United States the Court of Claims was organized i:i 18."i,5, and exists for the ]iurpose of such suits. Contracts between iiide- j)endent States are called treaties and are to lie interpreted as ordinarv- contracts except that force and duress do not invalidate. I?y -Article VI. of tJie Constitution a treaty is a law of the land anil has eqtial hut no greater force than an act of Congress. Our courts consider treaties of two kinds: (1) commercial and temporary in their nature: (2) permanent as intended to set up a permanent state of affairs, as boundary agreements. The foinier are dissolved, the latter merely suspended, by and during war. See Treaty. International Law in Time of War. Em- bargo, seizure in port of vessels belonging to nations with whom war is imminent; retorsion, retaliation upon foreign nations or subjects; and reprisal, seizure of foreign property in retalia- tion for wrong done, were formerly preliminaries to war. Their place is taken by pacific blockade of ports of the nation in order to coerce it into submission to the demands made. Paeific in name, it is war in effect. If these and olher 'peaceable' measures fail to remove outstanding clifTiculties. the nations appeal to arms and war ensues with or without declaration, whether the cause l>e just or not. If war be declared, it dates from the declaration; in absence thereof, from the first really hostile act, for war is a fact and provable as such. Civil wars cannot be 'de- clared.' but belligerency exists nevertheless. Wliilc all citizens of nations at war are enemies, inter national law distinguishes between those in amis and non-combatants. The former wear uniform, act under officers commissioned by the State, and may be killed in battle or if captured held as prisoners until exchanged. Non-combatants, teeh-