Page:The New International Encyclopædia 1st ed. v. 19.djvu/508

* TREATY. 440 TREATY RIGHTS. ones on the same subject. The rule has been laid down by the United States Supreme Court that a treaty is on the same plane of equality with a statute of Congress, so that a later statute may supersede a prior treaty, while a subsequent treaty may supersede a prior statute on a given subject. A notable instance was the supersession in 1882 of a treaty with China by the act of Con- gress for excluding Chinese laborers. This mode of terminating treaties, however, is not sanc- tioned by international law and does not aflfect the responsibility of either contracting party for the fulfillment of its obligations. In the United States treaties go into effect from the date of signature, so far as the contracting parties are concerned, but only from the date of ratification so far as the rights of the individual are in- volved. Another rule of interpretation in the United States is that the Supreme Court will not undertake to enforce a treaty which requires Congressional legislation for its execution. Un- til such legislation is forthcoming the individual concerned must address himself to the political departments of the Government. To secure the enforcement of treaties, it was formerly the custom to demand and receive host- ages, the last instance of the kind being in 1748 to secure the execution of the Treaty of Aix-la- Chapelle. Solemn oaths accompanied by religious rites on the occasion of ratification were once eonmion, but are no longer resorted to. Pledges are sometimes required, as in the case of the treaty of peace between Germany and France in 1871, when certain French fortresses were re- tained by the Germans as security for the pay- ment of the large indemnity exacted from France. The organs for the enforcement of a treaty are the courts, the legislature, the executive, and the army and navy. Thus treaties of peace, of ces- sion, of commerce, etc., are enforced for the most part by the legislative branch assisted by the executive, while in the case of treaties of naturali- zation, extradition, and treaties affecting the rights of foreigners the judicial branch plays an important part. The most complete collection of treaties in Eng- lish is that of Hertslet, four volumes. See also The Map of Europe hy Tre(ttij, by the same author; Treaties and Conventions of the United States (1776-1889); De Martens, liecueil des principaiix traitcs, etc. (1761-1818). For a gen- eral discussion of the subject of treaties, see the authorities cited under the article Interna- tional Law, and Butler, The Treaty Making Power (2 vols., New York, 1902). TREATY ELM. The tree in Shackamaxon, Philadelphia, under which William Penn made his famous treaty with the Indians in 1682. Its supposed site is now occupied by the Penn Treaty Monument. TREATY RIGHTS, Eccle.siastical. Those rights which are secured by treaty to the sub- jects or citizens of one State while residing in the territory of another State, relating to the exercise of their religion. The international agreements from which such rights arise differ radically from those treaties, generally known as concordats, which are made from time to time between sovereign States and the See of Pome to regulate the condition of the adherents of the Roman Catholic Church within the juris- diction of the contracting State, since no ec- clesiastical authority is made a party to the con- tract, which is directly between sovereign States in favor of the citizens of one or both. Such a body of rights belongs to the department of pri- vate international law. It had its origin in the Reformation period, when the organic unity of Western Christendom was broken and there was no single ecclesiastical authority with which a State could deal in relation to all its subjects. At the present time among the great powers of the world, and especially among those of West- ern civilization, the liberties and rights of for- eign-born residents are amply secured by what is known as 'the most favored nation clause' of the prevailing treaties. Those nations, how- ever, which have been foremost in missionary enterprise among peoples of a different civiliza- tion have found their interests to require in- tervention by their governments, and the United States of America, in the protection of wide- spread missionary enterprise, has secured for its citizens ecclesiastical rights in many coun- tries. These rights differ considerably both in extent and kind, although, speaking generally, they h.ave been elaborated as time went on and intercourse became more frequent. The first of such rights specifically mentioned was se- cured by the United States in its treaty of 1805 with the Sultan of Tripoli, in which it was pro- vided that the consul or agent of the United States should have liberty to exercise his re- ligion in his own house, and that his servants should not be impeded in going to his house at the hours of prayer. The Treaty of Guadalupe Hidalgo concluded with the Republic of Mexico in 1848 stipulated for American residents free- dom from persecution on account of their re- ligion and also liberty to propagate it. The treaty concluded in 18.56 with the King of Siam provides that all American citizens visiting or residing in Siam shall be allowed the free ex- ercise of their religion, and liberty to build places of worship in such localities as shall be assented to by the Siamese authorities. Amer- icans have ecclesiastical treaty rights in China which were not abrogated by the foreign inter- vention following the 'Boxer' uprising. They are provided bv two treaties, one of June 18, 1858, and the other of July 4, 1868. Ameri- can citizens have a right by the terms of these treaties to teach and practice peaceably the principles of the Christian religion, to reside in those places where foreigners are permitted to reside and in such places to establish and main- tain schools, and to maintain cemeteries free from profanation. They have also the right to attend the Chinese educational institutions under the control of the central Government. By the treaty of 1858 with Japan Americans are se- cured the free exercise of their religion and the right to erect .suitable places of worship. Amer- ican citizens are forbidden to injure any Jap- anese temple or Mia, and neither Americans nor .Japanese are allowed to do anything calculated to excite religious animosity. The Government of Japan has abolished the practice of trampling on religious emblems. By the treaty of 1859 with the Republic of Paraguay, citizens of the United States residing in Par.Tguay are at liberty to exercise in private and in their own dwellings