Robert W. Woodruff
Library
Kelly Miller Library
EMORY UNIVERSITY
Special Collections & Archives
QUESTIONS AND ANSWERS
ON
public International £ntu
History of Treaties and Private
Ir\terna.tiona.l Law.
Compiled for Students.
By NELSON MASON, LL B., LL.M.
> ntcied according to Act of Congress in the year 1902, By Nal-iou Mason iir
the Office of the I,ibrariati of Congress at Washington, D. C
DEDICATION.
Having been favored with a smattering of the three subjects
•encouched in this small volume, and having noted how burden¬
some and unpalatable they are for the student to digest, a
■compend suggested itself to me. Therefore I make this feeble
attempt.
In ancient times it was the practice to offer children to
God and temporal rulers. But the insignificance of this com¬
pend makes me tremble to even offer it as an appetizer for the
student to absorb the wide field of Public and Private Inter¬
national Law and the History of Treaties.
To those who wish to be benefited by these subjects, I dedi¬
cate this volume.
N. Mason.
INTERNATIONAL LAW.
CONTENTS.
CHAPTER I.—International Law Defined.—The Date of Inter¬
national Law.—Contribution by the Romans and Greeks
to the Code International Law.—Ameliorating Influence
in the Middle Ages.—Restraining Power of Clergy.—
Respective Duties of Emperor and Pope.—The Cause of
the Decay of the Roman Empire.—The Sixteenth Cen¬
tury the Most Remarkable in Europe.—How Interna¬
tional Law is Treated by Different Nations.'—The Base
of International Law.—Science Changes International.
The Manner of Composing International Tribunals.
State Defined and Its Relations to Other States.—The
Right a Nation Has in the Marine Belt.—The High Seas
and Other Waters Discussed, etc 5
CHAPTER II—Gulfs, Bays, Straits, Seas, Canals, Channels,
Rivers.—Ships on High Seas.—Balance of Power Doc¬
trine.—The Monroe Doctrine.—The Recognition of Bel¬
ligerent Rights.—Independent and Protected States.—De
Facto Governments, etc l6-
CHAPTER III—The Classes of Foreign Representatives, Em¬
bassadors, Papal Legate, Papal Nuncio, Consuls, Charge
d'Affaires, Envoys, Ministers Plenipotentiary.—-Privi¬
leges and Immunities of Ministers.—The Right of Wor¬
ship, Dispatches Couriers.—The Difference Between
Consular Service and Diplomatic.—Government's Rep¬
resentatives Cannot be Compelled to Testify.—The Laws
of War Considered.—The Kinds of War Defined.—The
Commencement of War.—Retaliation and Reprisal De¬
fined.—The Difference Between Retortion and Reprisal.
The Contrast Between Embargo and Reprisal.—Retal-
itory Acts Are More Than Retortion.—Quasi-War.—The
Recognition of the Belligerency of the South.—Declara¬
tion of War.—Blockades, Confiscation, Privateering.—
Marcy Doctrine, etc.—The Declaration of Paris.—The
United States Authorized Privateering During the Civil
War.—Secretary Seward and the Declaration of Paris.
Letter of Marque Offered by Jeff. Davis.—Two Great
Questions Arose During the Civil War.—Things Al¬
lowed and Things Not Allowed in Civilized Warfare.
The Provisions of the Treaty of Utrecht.—Neutrality
Laws.—Contraband of War.—Hostile Dispatches Con¬
fiscated.—Public Property and Private Property on
Land.—The Ways in Which Blockades Are Announced.
Continuous Voyage, etc 28
HISTORY OF TREATIES.
CONTENTS.
PAGE.
-CHAPTER I—The Form and Organization of the Government
at the Close of the Revolutionary War.—-The Treaty
With France, 1778.—The Manner of Receiving Diplo¬
mats.—Correspondence and Negotiation.—The Present
Organization of the State Department.—The Possession
of Canada, Nova Scotia and Cape Breton by England in
1763.—The Attitude of the European Powers.—The
Family Compact of the Bourbons.—Treaty of'Amity and
Commerce.—Treaty with the Netherlands in 1782.—
Treaty of Independence and Peace in 1783, and Its Ef¬
fect.—Peace Between England and France, etc 47
■CHAPTER II—Provisional and Definitive Treaties.—Loyalist,
Fisheries, and Boundaries.—Jay's Treaty in 1794.—
Treaty with Prussia and Morocco in 1785.—Points of
Instruction in Jay's Treaty.—Treaty Between United
States and France in 1800, and Its Effect.—Treaty of
1795 with Spain.—The Treaty of 1803 with France.—The
Purchase of Louisiana.—The Territory Included in
Louisiana.—Florida Ceded to England.—The Treaty of
St'll de Fonzo.—Napoleon's Cherished Dream.—The
Spanish Proclamation in 1802.—Spain Demanded r of
France to Sell Louisiana.—Treaty of Peace Between the
United States and England, Negotiated at Ghent, Bel¬
gium.—Treaty of 1815 to 1818 Between England and
America.—Agreement Between the United States and
England as to Naval Force on the- Great Lakes, 1817.
Spanish Treaty of 1819 Ceding Florida.—Webster-Ash-
burton Treaty, 1842.—The Oregon Treaty of 1846.—The
Purchase of Alaska.—The Washington Treaty, 1871, or
Alabama Treaty.—Treaty with Mexico in 1848.—Behring
Sea Question, etc 59
PRIVATE INTERNATIONAL1 LAW.
CONTENTS.
PAGE.
CHAPTER I—Private International Law Defined.—Judicial
Comity. — Domicile Explained. — Difference Between
Domicile and Citizenship.—All Persons May Change
Their Domicile.—Natural Persons Defined.—Citizenship
Defined by the Constitution.—The Age of Majority in
Different Countries.—Crimes Committed in Foreign
Embassies.-^Law is Not Effected by Personal Status.
Legitimate and Illegitimate Children.—Status of Mar¬
riages.—Guardian's Responsibility.—Marriages May be
Prohibited Between Persons of Different Races on the
Ground of Public Policy.—Granting Divorces, etc 83
PUBLIC INTERNATIONAL LAW.
CHAPTER I.
1 Q. What is International law?
Ans. It is a system of rules which regulate intercourse
among the nations.
2. Q. From what time does International law date?
Ans. From the Peace of Westphalia, in 1643; however,
prior to this date, there were crude usages and regulations
governing nations, such as those that prevailed during the
time of Greek and Roman civilization. The law hardly ex¬
isted during the Middle Ages.
3. Q. Did the Greeks contribute anything to the great
field of International law?
Ans. No; foreigners were treated as natural enemies;
captives in war were killed or enslaved. Piracy was honor¬
able, and war was declared through heralds.
4. Q. What of the Romans?
Ans. They, too, were like the Greeks inconsiderate; for any
subject of a foreign state, even at peace with Rome, on
coming to Rome became a slave.
5. Q. What form of law did the Romans have which was
said to be like our own?
Ans. It was a law called Jus Gentium, or the Law of na¬
tions, and it has been affirmed that this was an anticipation
of our law.
6. Q. What can be said of the Jus Feciale ?
Ans. It was a law to govern an official body, a college of
twenty or thirty in number, who were entrusted by the Roman
6
INTERNATIONAL LAW.
Senate with the duty of deciding when to make war; but
before engaging into hostilities, this body was sent to the
frontier of the State with which they were contending for
justice. They stayed there thirty days to have their demands
granted. Then they reported to the Senate on their return,
and the Senate sent these officials back to declare war by
throwing a burning spear across the frontier border.
7. Q. Was there any progress made during the Middle
Ages, from the fifth to the tenth centuries, in International
law?
Ans. No; it was an age of violence. Promises were
broken, heralds were slain, shipwrecked mariners were mur¬
dered ; it was a time of confusion, there was no recognition of
International law.
S. Q. Were there any ameliorating influences brought to
bear; if so, name them?
Ans. Yes; the first is Chivalry, which was characterized
by noble Christian Knights in the Middle Ages, and sought
to govern humanity by Christian principles. Ruthless
slaughter was forbidden, and prisoners were treated hu¬
manely ; more credence was given to truthfulness. There also
grew up a custom of declaring war; they even fixed
the time for fighting; as did Edward III, King of England,
and Philip of France.
9. Q. Before what great battles did these ameliorating in¬
fluences take place?
Ans. Before the battles of Agincourt and Flodden Field.
10. Q. Why were treaties and commercial connections
necessary ?
Ans. Because an army of one nation had to pass through
the territory of another, hence, they were compelled to nego¬
tiate as equals from every point.
11. Q. How did commercial treaties prove so invaluable
to nations?
INTERNATIONAL LAW.
7
Ans. From necessity of borrowing and lending money;
this transaction had its origin in Italy.
12. Q. Relative to the ameliorating force, was there any
restraining power of the clergy?
Ans. Yes; the clergy had no power to prevent violence
against infidels, including Jews. It is also curious to note
how long it took Europe to rise above the idea, that a man
who did not believe as it did in religious matters, should
be killed.
13. Q. In dealing with these ameliorating influences, how
was the centralization of power established between the Pope
and the Emperor?
Ans. It was agreed that the Almighty God had committed
to the hands of the Pope the spiritual affairs, and the temporal
affairs to the Emperor, and that they should dwell together
in love. But this was impossible, for each was usurping the
authority of the other. It seems to be a truism that Church
and State are incompatible, and cannot mix any more than
oil and water. (See Bryce, Holy Eoman Empire, Chap. 15.)
14. Q. What influence was noted by the spread of the
Roman Civil Law ?
Ans. It under laved ecclesiastical and international legal
institutions of Southern European nations. It governed Ad¬
miralty and Ecclesiastical Courts in England, and affected
Courts of Equity and Commercial law.
15. Q. AVhat is the Roman Civil Law?
Ans. All the body of the Roman laws. The various suc¬
cessive decrees of the Senate and the judicial decisions were
finally summed up by a body of lawyers appointed by Em¬
peror Justinian, in 533, to codify the Roman Civil Law.
16. Q. What was the cause of the destruction of the
government of the Roman Empire?
Ans. The downfall came through the overthrow of bar¬
barians. When institutions began to emerge, and it was neces-
8
INTERNATIONAL LAW.
sary to have some basis of reconstruction, among all the
wreck, the Roman law existed almost "untouched. There¬
fore, the Roman Civil law served as a keystone in that grand
superstructure of European civilization, in both Church and
State, and naturally shaped the International law of Europe.
17. Q.. (a) Which is the most remarkable century in the
history of Europe? (b) Name the forms which sprang up
with that century?
Ans. The sixteenth century, (b) Diplomatic relations,
treaties, alliances and maritime codes sprang up everywhere.
And also the long rivalry between Francis I and Charles Y,
in which alliances were formed and dissolved, and then re¬
formed and dissolved. But nations are still making and
remaking alliances. Another feature is that it was a century
of commercial development in Spain, England and Holland.
18. Q. What was the object of nations in the sixteenth
century in planting colonies?
Ans. Their purposes were to enrich the mother countries
In those days the countries of Europe were very eager to
obtain colonies. It must be remembered that at the time
G-rotius gave his famous work on "Peace and War" to the
world, in 1625, that the progress of International code had
been constant.
19. Q. What were the names of the most conspicuous
men in the Middle Ages in International law ?
Ans. Suarez, a Spaniard and Doctor of Theology and
Civil law, wrote copiously in 1538 and 1613 on Politics and
International law. Alberico Gentili, an Italian, who was
exiled from his native country, but went to England and
taught in Cambridge.
20. Q. What do you think of Grotius ?
Ans. He was like all the great writers of the sixteenth cen¬
tury ; such writers will never be seen again. They tried to cover
the whole field, of their learning, which could easily be done in
INTERNATIONAL LAW.
9
those days, but in the highly specialized forms of study in
this age such a thing is out of the question. He edited a
learned edition of the classics while yet a boy of seventeen.
Before he was thirty he was sent as an attache to the Embassy
in England. Students of International law will benefit
themselves if they would read Grotius on "The Eights of Wai
and Peace."
21. Q. How does "Wolff differ from Grotius on the origin
of the voluntary law of nations?
Ans. Wolff says that the voluntary law of nations derives its
force from the presumed consent of nations. The conven¬
tional from their expressed consent.
Grotius considers it as a law of positive institution, and
rests its obligation upon the general consent of nations, as
evidenced in their practice. Grotius has united the voluntary
law of nation with the customary law of nations.
22. Q. Is International law treated in a different spirit by
different nations?
Ans. Yes; for example, England has always emphasized
the rights of belligerents on the sea, for the reason that- she
has always been a great maritime power; for instance, in a
comparatively recent time, the English required e\ ery vessel
of a foreign power going into the Irish Channel, and some¬
times into the English Channel, to strike its colors, in recogni¬
tion of British sovereignty.
Other nations took exception, by saying that these seas are
open seas, and foreign powers need not strike their colors to
the English flag.
23. Q. "What are the sources of International law?
Ans. By all civilized nations, states are recognized as hav¬
ing, first, the right to exist, and secondly, as being moral
,persons.
They can do right and wrong.
They must do right, and can be made to suffer for doing
10
INTERNATIONAL LAW.
wrong. States have certain rights essential to existence, and
without which they cannot exist. Having moral personality,
they have rights and obligations, duties and claims.
24. Q. What is the foundation of International law?
Ans. It is based upon those principles which the moral
sense ..of nations recognizes as binding upon them in their
mutual relations, and consists of those rules and customs,
which they have generally agreed upon in the application of
those principles.
24. State in the shortest way possible the objection to the
termj International law.
Mr. Austin, an English writer on Jurisprudence, Vol. I,
Page 88, says: "Law is a rule laid down for the guidance of
an intelligent being by an intelligent being having power over
him." But historical writers on law have rejected this defini¬
tion. Law, they say, grows out of customs and needs, and is
imposed by the nation on the sovereign, and not by the sov¬
ereign on the nation.
It is true that there is no International tribunal, with its
sheriffs and warrants, but there is sanction to International
law. First, the self-reproach of conscience, because it must
have some deterrent effect. Second, the risk of attack by of¬
fended nations, and the punishment by Divine Providence.
Third, a nation usually issues a manifesto setting forth the
reasons why it is going to war, and asserting that the offend¬
ing nation has violated International law.
25. Q. (a) What are the two branches of International,
law? (b) Define and give illustration of each.
Ans. Public and private. The former, according to Mr.
Phillimore, has to do with the mutual relation of States with
respect to their public rights and duties; questions of peace
and war, of boundary, of captures at sea, fall under the do¬
main of Public International law, because they are disputes to
which States are parties.
INTERNATIONAL LAW.
II
(b) Private International law has to do with human
rights in general, and those private rights which States recog¬
nize; to illustrate, should an American citizen go to France,
he will not have the rights of a French citizen, but the rights-
of an American sojourner.
There are many things which a Frenchman can do that an
American citizen cannot do, unless the French law permits.
For instance, a marriage in France might be lawful and valid,,
but not in this country, and vice versa, and also, a will made
by an American citizen in France need not be lawful in the
United States, consequently, all the acts of a foreigner come
under the heading of Private International law.
26. Q. (a) How is a naturalized citizen regarded in this
country? (b) What would his status be on returning to his-
own country, should he be a Turk ?
Ans. (a) As an American citizen, with all privileges and
immunities; but in Turkey he would not be so regarded, be¬
cause Turkey does not allow her citizens to become naturalized
abroad. The same was true in Russia until within a few
years.
27. Q. In what way does International law differ from
municipal law?
Ans. That no single executive is charged with the execu¬
tion of International law.
28. Q. What is meant by the term municipal law?
Ans. All laws of the United States are municipal laws of
the United States in International relation. It is true that
every State enforces its own law, through its own executive,,
but International law has no executive to enforce it. Con¬
gress passes many acts embodying the principles of Interna¬
tional law. To illustrate, there is a statute forbidding its-
citizens to enlist against a nation with whom we are at peace.
It was not allowed in the Grecian-Turkish War, neither in the
'Boer-British War.
'12
INTERNATIONAL L.A.W.
But the characteristic difference between Municipal and In¬
ternational law is that the former has, and the latter has not,
an executive charged with the execution of the laws.
29. Q. (a) How does International law come into be¬
ing; (b) how does it change?
Ans. By the intercourse of States, hostile or friendly. To
illustrate, every great war makes some modification in Inter¬
national law; viz., The Crimean War. It resulted in the
abolition of privateering, and every State in Europe acceded
to it, except Spain.
30. Q. In what way can science change International
law ?
Ans. Up to the time of the Crimean "War steam had
never been used in war. When the first boat propelled by
steam was used in the Crimean War, a new question arose;
viz., whether coal could be sold to a belligerent by a neutral,
or, in other words, was coal contraband of war; it was decided
that modern engines are contraband of war when it is clear
that they are being carried to one of the belligerents for the
purpose of war, consequently, this kind of change affects In¬
ternational law.
31. Q. How can one learn what International law is?
Ans. There are several ways; the first source is by treaties.
These are the most solemn contracts that nations can make.
Treaties made under duress are of no consequence. To illus¬
trate, Napoleon I shut up in prison Ferdinand of Spain, and
made him sign a treaty renouncing his throne. The treaty
was not binding on Ferdinand.
32. Q. How far back in the study of International law
is it necessary for a student to go?
Ans. No further than the Peace of Westphalia, in 1648;
for this treaty closed the Thirty Years' War, and separated
"Medijeval Europe from Modern.
33. Q. In what way does a nation, on going to war with
INTERNATIONAL LAW. 1{J;
another country, make it known, and her reasons ?
Ans. A proclamation is sent from the executive to every
nation,- and jn this proclamation that executive lays down the
principles upon which his nation has decided to make war, and
the principles upon which it proposed to conduct the war. For ■
instance, at the beginning of the Spanish War, the President
sent to every foreign minister a statement of the fact that we
were to engage in war with Spain, and the reasons why, and
a statement declaring what principles we should observe with
respect to privateering and seizure of property on sea.
34. Q. What procedure did Mr. Lincoln take at the be¬
ginning of hostilities jn this country?
Ans. He made a declaration as to blockades. In that
document he laid down principles of blockades as understood
in the United States.
35. Q. How are International Tribunals composed?
Ans. The court consists of five judges, two from the
countries in dispute, and three from friendly nations, like the
1 one in the Behring Sea controversy.'
36. Q. What great question was settled by the Behring
Sea International Court ?
Ans. Whether a nation could have property in seals upon
the high seas. It was decided that a nation could not, so our
contention was overthrown.
37. Q. What is a State and its incidents?
Ans. It is a society of men seeking a political end by means
which are in accordance with justice, having a stable and
responsible organization, and having a fixed territory. Inter¬
national lav." recognizes two things, the independence and'
the equality of States.
38. Q. What does independence imply?
Ans. First, the right of territorial inviolability; second,
the right of choosing its own government; third, the right of
self-protection; fourth, of acquiring territory; fifth, of ad-
14
INTERNATIONAL LAW.
ministering its own domestic affairs.
39. Q. What is meant by territorial inviolability?
Ans. It implies the jurisdiction over land and waters
■within the boundaries of a State, and for certain purposes
over the sea for a league from shore.
-10. Q. Why should the jurisdiction of a country extend
a league from the coast ?
Ans. Because nations at one time claimed a much larger
sway than their nlarine belt of three miles. The reason for
the- marine belt is for the protection of the coast, property and
lives of its people on the shore, and for the collection of
•customs, and the protection of vessels.
For these purposes it is held that every nation must control
a certain belt around its territory.
41. Q. What rights has a nation within the marine belt?
Ans. (a) It has the right to protect the collection of
revenues, and of piloting.
(b) It is the dut}r of a.nation to guard the.neutrality of
waters within the marine belt, by preventing hostilities of
foreign vessels.
(c) The exclusive of fisheries.
(d) It is still an open question whether a State has juris¬
diction over crimes and offenses committed on foreign vessels
passing, through her waters.
Foreign vesseJs have the right of navigation through the
marine belt.
42. Q. What is meant by the high seas ?
Ans. The water outside the marine belt, (a) Russia, in
1801, forbade foreign vessels from approaching within 100
miles of Russian America down to 51 degrees north Lati¬
tude. This Government protested, and a treaty was made in
1834.
(b) Great Britain, in 1816, forbade vessels to go within
-eight leagues of St. Helena, because she had Napoleon on
INTERNATIONAL LAW.
15
that island, and did not want him carried off. All nations of
Europe assented to this, because he was a lion, and not safe
"unchained.
(c) Great Britian protects her pearl fisheries west of
•Ceylon, and 100 miles west of Australia. She could not main¬
tain this right if nations would protest and question it.
IB
INTERNATIONAL LAW.
CHAPTER II.
GULFS AND BAYS.
1. Q. Does the three-mile limit apply to very large bays
and gulfs, such as the Gulf of Mexico and the Bay of Biscay,
just the same as it does to the high seas ?
Ans. Yes; the same rule applies.
2. Q. What is a large bay, and what is a small bay ?
Ans. That is a very difficult question to answer; the
terms are relative, and it is difficult to draw the line distinctly
between them; but there is a tendency to take ten miles width
as the limit. All bays of less width are considered small bays.
3. Q. What is the reason for this limit and distinction ?
Ans. If a nation has a large gulf, like the Gulf of Mexico,.
it is absurd to try to control it. On the other hand, if you
have a small bay, ten miles wide, and draw the three-mile
limit around the shore of the bay, you leave only four miles-
in the middle which is neutral water. And in that case, it
would be difficult to tell whether a vessel was in the marine
belt or in neutral water.
4. Q. What would you call a bay more than ten miles-
"wide, extending far inland?
Ans. If it were of a high commercial, or strategic im¬
portance, it would be a mare clausum. For instance, the na¬
tion maintains that the Delaware Bay is closed, because the
city of Philadelphia and our navy yard are situated on its-
shores.
The Chesapeake Bay is about sixteen miles wide, but runs-
far deeper into the shore than the DelaAvare, yet we say that
it is closed.
INTERNATIONAL, IAW. 17
5. Q. What of straits?
Ans. Those more than six miles wide, or connecting
navigable waters, are open. Spain, at one time, claimed the
right to control the Strait of Gibraltar, yet the world does not
recognize the right of any nation to control the straits.
6. Q. What can you say about channels, such as the Irish
Channel and St. George's Channel?
Ans. The same reason given relative straits; they connect
navigable seas.
The English Channel, the French are always angry
at the English for calling it English Channel, is open. The
French call it La Manche; England claimed, at one time, all
the water contiguous to her territory.
7. Q. Were Sound Dues ever collected by a nation; if so,
what one?
Ans. Denmark collected dues from ships passing through
the Cattegat and Skager Rack, between Denmark and Sweden.
This was an ancient custom of Denmark. When her Kings
were masters, they collected tolls from every one going
through, on the ground that these were the King's waters..
8. Q. Was this claim ever challenged; if so, by what
Government ?
Ans. Strange, but true, that the European powers yielded'
to the dues until the United States raised the question. In
1853 a big discussion arose between Denmark and the United'
States. A European Congress was assembled in 1857, and
the result was that they bought off Denmark for thirty mil¬
lion rix dollars. This induced Denmark to waive her claim-.
The United States paid $393,000 as her portion. This Gov¬
ernment refused to sit in Congress, as she has always done
in European Congresses. However, we made a special treaty
for ourselves.
,0. Q. What can you say of the Dardanelles and the Bos-
phorns Straits?
18
INTERNATIONAL LAW,
Ans. The Dardanelles connect the Marmora with the
Mediterranean.
The Bosphorus connects the Marmora with the Black Sea.
10. Q. What is the present status of these straits?
Ans. They are open to merchant vessels, and in time of
peace, to men-of-war, with the consent of Turkey. This is
a compromise reached by the Great Powers.
11. Q. Why was such as this made?
Ans. Because all the Great Powers were afraid of one
another, and did not wish any one to have the power to carry
a fleet into Constantinople and capture it.
Turkey allows no men-of-war to go through, except small
vessels slightly armed. Russia sent her soldiers to Port
Arthur, in 1897, by unarmed transports.
EIVEES.
12. Q. Which is the most difficult question of all con¬
cerning the sovereignty of waters, and give explanation under
three heads ?
Ans. Rivers seem to have given the most concern. Rivers
which are wholly in one State, as the Mississippi, were law¬
fully under the control of the State, but now generally open
in fact to all the world. The Romans threw open their rivers
to what they called innocent uses.
In the Mediaeval Age tolls were levied. Beautiful castles
were erected on the banks of the Rhine, for the purpose of
robbing commerce. This was true of almost all the rivers of
Europe. But now, all the rivers of the world are open to
commerce.
13. Q. What is the great question concerning rivers flow¬
ing through two or more States?
Ans. Whether one riparian State could exclude another
riparian State from an outlet, or other nations from coming
in.
The Danube River has been the result of prolonged negotia-
INTERNATIONAL LAW.
19
tions, but the results are as follows: The lower Danube is
practically open, but upper Danube is subject to riparian
rights.
14. Q. Suppose Austria should not- wish to have any
foreign commerce, is it any reason why Bavaria should
not have the privilege of getting out to the outside world?
Ans. I think not; as long as no harm is done to nations in
so doing.
15. Q. (a) Which were the two rivers over which the
United States and Spain had so much difficulty? (b) Ex¬
plain the nature of their troubles.
Ans The Mississippi and the St. Lawrence. In dealing
with the Mississippi it must be remembered that what was
called Louisiana and much more belonged to Spain from
1762 to 1800, and to France, from 1800 to 1803. Spain grant¬
ed to Great Britain' in the treaty of 1762, while we were
colonies of Great Britain, the right of navigation on the
Mississippi. By the treaty of Independence, ■ Great
Britain granted to us the right of navigation. But in 178*1
-Spain protested against our right. She said: "This was grant¬
ed to Great Britain, you are no longer a part of England, by
severing your relation from her, you lost the right ceded to
her, therefore, it does not pass to you."
This led to a very bitter discussion between Spain and this
country, and much disturbance in the Mississippi Valley.
16. Q. What occurred after these great differences be¬
tween the two countries?
Ans. The Congress of Confederation, guided by Jay. A
treaty with Spain was decided upon, giving us unrestricted
trade in the Mediterranean, and waiving our claim in the
Mississippi for twenty-five years. This was before the adop¬
tion of the Constitution in 1789. #
17. Q. Why did Jay make such a treaty as this?
Ans. We had a large commerce in those days with Spain
and special facilities were given us for that purpose.
20
INTERNATIONAL LAW.
The New England States and New York were commercial
in their interest, and desired to have those privileges granted
by this treat}7.
On the other hand, the Mississippi Valley had not yet been
opened, and it seemed to Jay that it would not be of any im¬
portance for twenty-five years.
. 18. Q. What effect, if any, did this treaty have on the
Southwest ?
Ans. It stirred up great excitement in that district., and
would have caused secession if the treaty were carried out.
Read McMaster's History, Vol. I, Page 4, and you will *find
an interesting account of this. The excitement was so intense
that it hastened the adoption of the Constitution.
19. Q. Upon what ground did we claim the right to
navigate the Mississippi?
Ans. We claimed the right from Great Britain, who rested
her claim on the principle that as riparians on the upper
banks, she had the right to navigate the river. England claim¬
ing that because she held the upper waters, she had the right
to navigate the lower.
20. Q. What became of the Jay treaty?
Ans. It fell through; but Spain, by a treaty, in 1795,.
granted us the right. But we never did get out of the diffi¬
culty with Spain until we purchased Louisiana in 1803, and
the whole Mississippi River.
21. Q. What was the outcome of the treaty of Ghent with
Great Britain in 1814?
Ans. The stipulation in the treaty of Independence was
not repeated. This was not accidental, as war ends treaties.
The War of 1812 had deprived England of the right of navi¬
gation on this river, and therefore we have the sole right.
But England has been allowed to navigate the Mississippi ass
far as she pleased.
internattomal law.
21
ST. LAWRENCE.
22. Q. What question arose relative to the St. Lawrence,
and its nature?
Ans. The same question involved as in the case of the
Mississippi, that is, the right of the upper riparians to navi¬
gate the lower waters. We used the same argument that
England used to Spain in 1763. We said that the St. Law¬
rence River should be considered a strait between our lakes
and the ocean.
23. Q. How and when was this matter disposed of?
Ans. By the treaty of Washington, in 1871, when the Ala¬
bama Claims were settled. One of the conditions that
is interesting for us to know, is, that Lake Michigan was
made open to Great Britain. It can be closed by us with
two years' notice.
Three Alaskan rivers were also thrown open to England.
24. Q. What was the nature of the treaty?
Ans. It was a concession on both sides, rather than a
declaration of principles.
25. Q. What were the three principles recognized in this
concession, or treaty?
Ans. (1) It is necessary for a State to fulfill its destiny;
(2) there is community in the property of a river by all
riparians; (3) all riparians have the same control over the river
as a single State has over a river exclusively in its territory,
that is, if all the riparians wish to shut out the world, they
could do so, though the tendency of modern International
law is towards the use of rivers.
26. Q. (a) What is meant by Frontier rivers? (b) And
the Eights of States?
Ans. Such as the Rio Grande, between the United States
and Mexico. Each State has the same right of navigation;
(2) unless otherwise defined, the boundary is the middle of
the main stream.
22
INTERNATIONAL LAW.
(3) If islands emerge on either side, or if accretions form
on the banks, they belong to the State in which they appear;
(4) the boundary passes through the middle of the main
channel. But there are some cases,where the river breaks
away from its main channel and runs off thirty or forty miles
from.the old channel. In such a case the boundary remains
where it is. Such matters are for arbitration and adjudica¬
tion when they arise.
27. Q. Are there any rivers which have this irregular
flow?
Ans. The Hoang-Iio, changes its channel every year, and
empties into the sea two hundred miles from where it did at
one time. But these changes are of no importance inter¬
nationally, because this river is wholly in China.
CANALS.
28. Q. Are Canals subject to territorial control?
Ans. Yes; that is, the country with whose territory they
are situated, controls them. This is true even of Inter-Oceanic
Canals, like the canal built by the Germans, at Kiel, running
through the Peninsula of Denmark, and the canal in Greece
through the Isthmus of Corinth, although other nations are
allowed to use them.
29. Q. 'Does the Law of Straits apply to canals?
Ans. No; the Suez Canal is the most important in the
world. Disraeli bought a controlling interest in the stocks
and gave it to .Great Britian. The European powers opened
it by negotiation, ,in 1888, in war and peace, to all vessels,
no nation to have more than two vessels in the general harbors
which are the termini of the canal.
The United States sent her vessels through the Suez Canal
to reinforce Dewey at Manilla.
30. Q. AYTiat agreement did the United States and Great
Britain enter into in 1850 concerning the Nicaragua Canal?
Ans. The United States and Great Britain agreed to
INTERNATIONAL LAW.
23
guarantee the neutrality and the security of the canal, and
to abstain from exclusive control.
31. Q. What did the American people think of this
treaty ?
Ans. They thought it contrary to our policy, and a mis¬
take to enter into such a treaty with Great Britian, because
this Government cannot build this canal without consent from
Great Britain.
32. Q. Has the United States Government ever attempted
to prove the invalidity of this treaty?
Ans. Yes; there were certain obligations laid upon Eng¬
land in the treaty, the stipulations of which England failed
to fulfill. Mr. Blaine asserted that the Clayton-Bul-
wer treaty was no longer valid, and therefore we were at
liberty to build a canal across the Isthmus without regard
to the limitation in the Bulwer treaty.
33. Q. Did the DeLesseps canal across the Isthmus of
Panama succeed?
Ans. No; yet the French are at work upon it now. The
company which undertook it having failed, an effort was
made to enlist the aid of the French Government, but the
United States Government notified the French Government
that she would not look with approbation upon the French
Government building a canal across the Isthmus. The
French Government refrained from further work.
34. Q. What is the plan contemplated by the Nicaragua
Canal ?
Ans. A canal to extend from San Juan del Norte on the
Gulf of Mexico to 'Buto on the other side. This canal was to
be open in peace and in war, provided that no nation at war
with the Central American Republics bring any vessel of war,
or troops through, without the consent of Nicaragua and Costa
Rica.
35. Q. What difficulty has arisen lately ?
24
INTERNATIONAL LAW.
Ans. Nicaragua has become a part of the confederation
which forms the United States of Central America,, and has
not lost the right to enforce the concession. The new era of
brotherly love existing between the United States and Great
Britain, has induced Congress to allow England to have the
share which she demands.
36. Q. What is the status of ships upon the high seas?
Ans. Municipal laws can be enforced against officers, crew
and passengers, an'd the sovereignty of the nation can be
maintained against foreign powers; that is, if one member
kills another upon the high seas, he is tried in our courts,
under American laws. Sometimes they put such an offender
in irons, and take him home.
37. Q. (a) Do the American ships carry our laws? (b)
If a ship goes into a foreign port with a sailor in irons, guilty
of an offense, what is done about it?
Ans. (a) Yes; (b) the American Consul in the port
usually takes charge of him, and sends him home for trial.
38. Q. Can ships of Avar enter a foreign port as a matter
of right?
Ans. No; ships of war are allowed only by courtesy to
enter the port of another nation, even with those nations with
which it is at peace.
39. Q. (a) What is the second requisite of a State? (b)
What of its obligations ?
Ans. (a) To choose its own government.
(b) Even though the government changes, or dies by
absorption, as Scotland, Ireland, Wales, Texas, Hawaiian Is¬
lands, Porto Rico, the obligations which the State has taken
upon itself do not lapse.
40. Q. Can a State be interfered with on the grounds of
humanity ? Illustrate.
Ans. Yes; Cromwell started to marshal England's great
army for the protection of Savoy. And again, in 1857, Eng-
INTERNATIONAL LAW.
land, Iiussia and France combined to save Greece from the
cruel oppression of the Turks. Also the Spanish-American
"War was upon that ground, the cruel treatment of the Cubans.
41. Q. What can be said of the Balance of Power Doc¬
trine ?
Ans. That no State shall become so strong that its ex¬
istence shall be a menace to other States; for instance, the
wars of Napoleon were Balance of Power wars, and also the
■Crimean War was of this kind.
42. Q. What can be said of the Monroe Doctrine?
Ans. That we shall not allow European Powers to inter¬
fere at all with States of America; this was in 1823, and
was simply an utterance of the President, and was never
.adopted by Congress.
43. Q. If we annex the Philippines, how will that effect the
Monroe Doctrine ?
Ans. It would weaken our position very much, because
the very ground upon which we place our arguments for the
Monroe Doctrine is that we would not allow, or permit any
interference with matters on the European side. European
.statesmen have reminded us of our position.
Eead the mentioned literature upon this subject: Wool-
sey's Inter. Law, 47; Dana's Wheaton, 97; Gilman's Monroe,
87; Wharton's Inter. Law Digest, 57; Webster's Speeches,
III Vol., 178; President Cleveland's Message, 1895.
Under the head of independence it must be understood that
.self-preservation entitles a nation to invade another territory,
if an attack is threatened. To illustrate, in 1837 the Cana¬
dians had a little revolution of their own, it lasted over a
year. During that revolution there was a great deal of friction
between them and us, which almost ripened into war. The
Canadians said that the insurgents were getting assistance
from us by means of a small vessel plying across the river near
.Niagara Falls, and carrying supplies and men to the insur-
2(3
INTERNATIONAL LAW.
gents. Finally, the Canadians came over on our side one-
night, found this boat anchored in the river, cut her loose, set
her on fire, and sent her over Niagara Falls.
The United States Government complained, but the British
succeeded in proving that their action was justifiable, and the-
matter was dropped.
44. Q. What does equality imply?
Ans. The same right for a small State as that of a
large one; to make treaties and compacts, to claim justice
from other States for her subjects, and a proper recognition,
from all governments. But it must be understood that this-
is a legal, and not political equality.
45. Q. What are dependent and protected States. Give-
an illustration.
Ans. Those retaining only a portion of their sovereignty;
their international relations are governed by their superiors.
In 1840 the Great Powers gave the sovereignty of Egypt to
the Sultan of Turkey. The Ionian Isles were ruled by Great
Britain, but'they have been ceded to Greece.
46. Q. What kind of governments does International law
recognize ?
Ans. De facto governments only. The one actually in.
power and in possession of the capital.
47. Q. What two things are necessary to justify the recog¬
nition of a government of revolutionary origin?
Ans. (a) The hostilities of the opposing claimants should
practically have ceased, even though recognition is not given.
(b) The new government must be acknowledged by its-
subjects, and have a reasonable prospect of meeting inter¬
national responsibilities; that is to say, it must have a.
people substantially loyal to it, and must give evidence that
it can perform the duties of States.
Because these two conditions wTere not fulfilled in the case-
of the Cuban Rebellion, our government did not recognize-
INTERNATIONAL LAW.
27
the independence of Cuba.
48. Q. The United States was asked to recognize the
belligerent rights of Cuba. What are belligerent rights?
Ans. They are the right to be recognized as entitled to carry
on war on land and sea, to carry a flag, to commission cruisers
and privateers, to obtain from abroad military supplies and
loans, to receive volunteers from other lands. The belligerent
rights of the South were recognized with one exception by all
the European Powers.
49. Q. Upon what fact has a foreign State to recognize-
belligerent rights?
Ans. That it has no interest, that is to say, that a foreign.
State does not recognize the belligerency of the insurgents out
of sympathy; but war has reached such a stage and pro¬
portion that our interests are .materially affected by non-
recognition; therefore we recognize them.
"28
INTERNATIONAL LAW.
CHAPTER III.
EMBASSIES AND CONSULS.
1. Q. Did the Anci6nts have permanent ministers? (b)
When did they become permanent ?
Ans. (a) They did not, but ministers were always sent
for some specific purpose, (b) It was not'until the fifteenth
century, or the Peace of Westphalia, .that embassies became
general in Europe as the relations of nations became better
settled, and it was found to be expedient to have resident
ministers.
2. Q. In what year did the Congress of Vienna meet, and
how was the matter of precedence in the case of ministers
settled ?
Ans. In 1815. The Congress of Vienna settled upon four
ranks of ministers, the highest being that of Embassador,
Papal Legate, Papal Nuncio.
3. Q. What is the difference between Papal Legate and
Papal Nuncio?
Ans. The former is sent on spiritual business, the latter
on temporal.
4. Q. (a) Into what countries are these nuncios sent?
(b) Name some other classes of Diplomats.
Ans. They are sent to Catholic countries, and sometimes
to others; but in all Catholic countries the nuncios are at
the head of the Diplomatic Corps.
The second class are envoys and ministers plenipotentiary,
these titles are equivalent in rank.
The third class—ministers resident; they have powers of
an envoy, and are sent to smaller States, with smaller salary.
The fourth class is the Charge d'affaires; there is a marked
_ INTERNATIONAL I/AW. 29-
distinction between the preceding classes and this class. The
former classes nmst be received by the Sovereign of the country
to which they are sent. The latter goes more as a business-
agent. > i
5. Q. When did the United States send Embassadors
abroad ?
Ans. Not until 1893, and up to that time no one was-
sent with higher powers than that of Envoy Extraordinary.
6. Q. What is the reason that Embassadors were not sent
before ?
Ans. It was from motives of economy. The Embassadors-
are supposed to live in greater style, and require larger sal¬
aries.
7. Q. What salary do the British Embassadors get ?
Ans. They receive $50,000, and besides an entertainment
fund, and considerable of the household expenses are provided
for by their government.
8. Q. To what countries have the United States sent Em¬
bassadors, and their salary ?
Ans. To Great Britain, France, German Empire and
Italy. Their salary is $17,500 a year, and no house furnished
nor entertainment fund given.
Envoys receive from $7,500 to $12,000.
9. Q. How are the ranks of representatives, that govern¬
ments shall send to one another determined ?
Ans. By mutual agreement and reciprocity. Whatever
rank one sends, the other sends.
10. Q. May ministers of other States take exception to
the messages of the President to Congress, and the debates of
that body?
Ans. No; foreign ministers have nothing to do \vith
them; however, several ministers had to be sent back to their
governments before this was understood.
11. Q. Do ministers have to care for the interest of other
INTERNATIONAL, LAW.
countries not represented, if so, in what cases?
Ans. Yes; the French Embassador took care of the in¬
terests of Spain during the Spanish-American War. The
British Embassador took care of the American interest in
Spain.
Also in 18?0, when the Germans were driven out of Paris,
their interests were confided' in the United States Minister,
Mr. Washburn.
12. Q- Are nations compelled by law to send or receive
Embassadors ?
Ans. No; the ground is one of comity. But, as a rule,
all civilized nations retain ministers at one another's court,
if there is sufficient business to justify it. None of the South
American States has ministers in Turkey. The United
States is supposed to take charge of their affairs.
RECEIVING AN" EMBASSY.
13. Q. (a) If a nation receive an embassy, may she ob¬
ject to the person whom the President selects as Embassador?
(b) (rive three reasons^ which are considered good
grounds for refusing a particular person?
Ans. (a) Yes. (b) He may have said or done something
offensive to1 the Sovereign of the country to which he is sent.
(2) If he be a subject of the Sovereign to whom he is sent.
To illustrate: If the United States Government should send
a Frenchman to France, he would have divided allegiance in
that case, and it is held that these divided duties are in¬
compatible.
(3) The nuncios sent by the Pope would try to usurp the
powers of the kingdom; so a statute was passed in the reign
■of Eichard II that put a stop to foreign ministers in¬
terfering with the rights of the English Government.
14. Q. Did the United States Government ever have any
•of her ministers recalled; for what reason, at what time, and
•vice versa?
INTERNATIONAL LAW.
81
Ans. Yes; after the Kingdom of France was overthrown,
1794, our Minister, Governenr Morris, was objected to because
he took sides with the Royalists and advised the King.
Mr. Russell, of Boston, who was United States Minister to
Venezuela, and was trying to collect some American claims
against the Venezuela Government, and not being successful,
wrote to a friend that the claims would not be paid unless
the Venezuela officials were bribed. Mr. Russell did not
deny the authorship of the letter, and said that he could prove
his statement. The Venezuela Government, asked that he be
withdrawn.
Also, in 1885 President Cleveland sent a Minister to Aus¬
tria, he was objected to because his wife was a Jewess, and in
•consequence the office was left vacant for two years.
Mr. Carl Schurz was objected to because he,was a revolu¬
tionist of the German Empire in 1848. He was transferred
to Spain.
Charles Pinckney was asked to withdraw from Spain, owing
to strictures made upon the government.
The first two Ministers from France to this country made
themselves so obnoxious that they were asked to withdraw.
TVL Genet and M. Moustier.
In 1806 the Spanish Minister made himself so disagreeable
that he was asked to withdraw. Mr. Jackson, the Britj^i
Minister, came to the United States in 1809 with repugnant
notions, and questioned the veracity of the President and
Secretary of State, and was asked to go home.
Also, in 1856, Mr. Crampton and two Consuls were asked
to withdraw for attempting to enlist soldiers for the Cri¬
mean War.
Lord Sackville West, the British Minister, was given his
passports during President Cleveland's Administration for
expressing opinions on political matters in a letter.
Mr. Blair from New Hampshire, was appointed minister to
32 INTERNATIONAL LAW.
China, by President Harrison, in 1892, and had gone as far
as Chicago, en route to China, and was objected to because of
an anti-Chinese speech he made in the Senate.
15. Q. What is meant by privileges of Ministers?
Ans. The Minister, his household and his suite; what
is meant by that is his servants, his secretaries and attaches-
are inviolable. They are exempt from all criminal proceed¬
ing, from arrests tor civil offenses, from custom duties upon
their effects,- from taxes upon their personal property, and
from interference with worship.
16. Q. Suppose a Minister become violent, and commit
criminal offenses, what about it ?
Ans. He may be restrained, and even carried to the
frontier
17. Q. In whose reign, and what Minister enveloped
himself in criminal offenses?
Ans. The French Embassador plotted several times
against Queen Elizabeth's life, in ordw that Mary, Queen of
Scots might take the throne. And also in Cromwell's time, a
French Minister, M. de Basse, conspired against Cromwell, and
was given twenty-four hours to leave the country.
18. Q. May a Minister refuse to testify in court?
Ans. Yes, because he will be cross-examined, and might
be compelled to disclose the secrets of his mission.
He cannot waive his right of inviolability, except by per¬
mission from his Sovereign.
19. Q. Can a Minister's house be invaded?
Ans. No officer of justice can enter a Minister's resi¬
dence, even to arrest his servants, though they may be natives-
of the country.
20. Q. May a Minister pass through a third country; if
so, what is his status?
Ans. In time of peace, by courtesy, he is regarded as-
inviolable, but in war, to have security he must obtain per¬
mission.
33
21. Q. What is the difference between Consular Service
and Diplomatic?
Ans. The former looks after the interest of citizens of
his country, and the commercial relations of his country with
others.
The Diplomatic Minister attends to the general interest of
the Government, and negotiates treaties. But the Consular
office is the older, belonging to the Crusade period from the
eleventh to the fifteenth century. After the Peace of West¬
phalia, Consuls were sent to all parts of Europe, charged with
commercial and maritime interests.
22. Q. Are States compelled to receive Consuls ?
Ans. jSTo ; unless it is provided for by treaty.
23. Q. Are the immunities of Consuls few, or extensive?
Ans. They are few, differing in different lands, and are
fixed by law in most countries.
24. Q. In what manner does a Consul get his authority?
Ans. When he is appointed, the home Government notifies
the legation of the country where the Consul is going, asking
the legation to procure his exequatur. When the Consul gets
in the foreign land, the exequatur is placed in his hands, and
he reports to the local authoritiy that he has the power of a
Consul.
25. Q. In what way does a Consul exercise his notarial
power ? Answer by illustration.
Ans. Here is a man who is going to ship 100 bags of
coffee from Bio Janeiro to the United States. He makes out
his invoice of the quality, kind and estimated value in the
presence of the Consul and swears to the correctness of the
statement. The Consul sends a copy of this invoice to the
Xew York Custom House, in order that those officials may
have the means of appraising the goods for the purpose of
levying duties.
One copy he gives to the shipper, and the-other, he files in
34
INTERNATIONAL LAW.
his office. It is also the Consul's duty to care for the stranded
seamen, and to see that they get passage home.
26. Q. How many kinds of Consuls are there?
Ans. There are two kinds; the Consuls General, who are
salaried from $2,500 and upwards, and are not allowed to
engage in business; and those whose salary does not exceed
$1,000, and who are allowed to engage in other business.
President Cleveland issued an executive order, in 1895,
placing the Consulates which are not over $2,500, or less than
$1,000, on the Civil Service List.
THE LAWS OF WAR.
27. Q. What is war?
Ans. It is an interruption' of a state of peace for the pur¬
pose of attempting to procure good, or prevent evil, by force.
28. Q. What is a just war?
Ans. It is an attempt to obtain justice, or prevent in¬
justice, by force, or bring back an injurying party to a right
state of mind and conduct by the infliction of deserved pun¬
ishment.
29. Q. What are the various causes for which a nation
may undertake war?
Ans. (al) A State may go to war to defend its sover¬
eignty and independence.
(b2) A State is bound to protect the individual inhabi¬
tant in all his rights, and may redress his wrongs, even by
war.
(3) A State may engage in war to obtain satisfaction for
insults to its flag, or its embassadors, or its good name.
(4) Violation of those rights which nations concede to
one another by treaty, may call for the redress of war.
(5) The prevention of intended injury is a ground for
war.
(6) For some flagrant wrong committed against religion,
or liberty, which may justify hostile interference on the part
INTERNATIONAL, LAW.
35
of those who are not immediately affected.
29. Q. What is meant by retaliation? Illustrate.
Ans. There are acts of comity which one nation may be
expected to perform, and failing, the1- other nation has the
right to retaliate. Suppose France should lay harbor dues
upon United States vessels, which should be deemed extor¬
tionate. This is not an act of war. The United States could
retaliate by laying similar dues upon her vessels.
30. Q. What is the difference between reprisal and retor¬
tion ?
Ans. Reprisal is the seizure of property for the redress of
injuries either to citizens or States. Eetortion is simply re¬
taliation for lack of comity.
31. Q. When property has been seized, what is the modus
operandi for citizen or State?
Ans. They must resort to a Court of claims of the State
wherein the seizure was made, and if justice should be abso¬
lutely denied by court or sovereign, they must resort to diplo¬
matic representation.
During the reign of Cromwell an Englishman went to him
and complained that his vessel had been taken or seized by
the French Government, which refused to make speedy repara¬
tion. Cromwell thereupon seized two French vessels, sold
them, paid the Englishman's claim, and then informed
the French Minister that the balance was in the bank subject
to his order.
32. Q. In what way does an embargo differ from a re¬
prisal ?
Ans. The former is one step nearer to war than the
latter; it is the seizure of property in view of hostilities, to
be surrendered if differences are settled; if not, war dates
from the seizure.
33. Q. Can there be a pacific blockade?
Ans. No. Sumner and Heffler considered the pacific block-
36
INTERNATIONAL LAW.
arte as an ante-bellum measure; but the Supreme Court de¬
cided that it was a war measure.
34. Q. Is a formal declaration of war necessary?
Ans. No ; unless agreed to by treat}'. Because war can only
lie carried on by those who have authority.
.'55. Q. May enemies in belligerent territory be allowed to
remain quiet ?
Ans. Yes ; for during- the Franco-Prussian war there were
forty thousand (40,000) Germans in Paris, and they were put
under the care of Mr. Washburn, the American Minister.
36. Q. Does the declaration of war in the United Stales
of itself work confiscation of the enemy's property ?
Ans. Xo; the Supreme Court of the United States decided
that it must be a special act of Congress. Ivent, vol. 1, p. 5'J—
8 Cranch.
37. Q. Did the Confederate Congress confiscate debts?
and how?
Ans. Yes. If a man in Georgia owed a merchant in Xew
York: he was asked to pay that money into the Confederate
Treasury, and was receipted therefor.
38. Q. Was the Confiscation Act that United States Con¬
gress passed in July, 18G2, ever enforced?
Ans. Xo; because the legislation between the Xorth and
the South was merely retaliatory.
39. Q. Are public debts confiscable? Why not?
Ans. Xo; because every nation watches to see which na¬
tion repudiates its debts during war. The next time that
nation wanted to borrow money it would be hard to obtain it.
40. Q. Does the commercial intercourse cease between two
'nations during hostilities?
Ans. Yes. Contracts made with the enemy during war
are void. Partnerships are dissolved.
Insurance and bills of exchange are void. The reason is
that a foreigner during war can have no standing in our
INTERNATIONAL LAW.
37
courts; therefore, the simplest way to settle is to deny the
validity.
PRIVATEERING.
41. Q. What do privateering and privateer mean?
Ans. It is war carried on by private citizens by a permit
from the Government. A privateer is one who has received
a letter from the Government authorizing him to go out upon
the high seas and capture property belonging to the enemy.
Without this permission he is a pirate and may be hanged
when caught. These letters are called Letters of Marque and
Reprisal.
42. Q. Was there a provision inserted in a treaty against
privateering? By whom and with what Government?
Ans. Yes. Benjamin Franklin in 1785 was one of the Com¬
missioners to form a treaty with Prussia. Thinking that pri¬
vateering was a merciless mode of warfare, he introduced
an article forbidding privateering.
43. Q. Was privateering practiced in the war with Mexico ?
Ans. No; because France and some other States forbade
their citizens from taking letters of privateering from the
Mexican Government.
44. Q. What is the Marcy Doctrine? Answer by illus¬
tration.
Ans. During the Crimean war, the question arose whether
we would allow our citizens to take letters from Russia. She
had always been our friend. Mr. Marcy, being Secretary of
State at that time, and seeing the willingness of Great Bri¬
tain to favor the Marcy Doctrine, at once had Great Britain to
give up all war upon private property upon the high sea.
45. Q. What is the greatest commercial treaty that was
made in the Nineteenth Century?
Ans. The Declaration of Paris, April 16th, 1856.
46. Q. By whom was this treaty made and signed ?
38
INTERNATIONAL LAW.
Ans. It was made and signed by the great belligerent pow¬
ers of Europe after the Crimean war, and signed by the fol¬
lowing named countries: Great Britain, Prussia, France,
Austria, Sardinia, Russia, Turkey. This treaty was offered to
all the other nations of the earth with one condition, that they
should sign the whole declaration.
Thirty-eight other nations did sign it, in fact, all the
Great Powers, except the United States, Spain, Mexico,
Venezuela, New Grenada and Bolivia. (See Woolsey's Inter¬
national Law, Sec. 190.)
(Articles.) (1) Privateering is and remains abolished.
(2) Neutral flag covers the goods of the enemy, ex¬
pect contraband of war. (3) Neutral goods, except contra¬
band, not seizable under the enemy's flag.
47. Q. What effect has the Declaration of Paris upon
nations ?
Ans. Nations who signed the Declaration are bound by
the Articles. Neither the United States, nor any other power
who did not sign it, is obligated.
48. Q. During the Civil War did the Union authorize
privateering ?
Ans. Yes; but President Lincoln issued no Letters of
Marque and Reprisal.
Five days after the attack on Fort Sumter, Jefferson
Davis offered Letters of Marque to the whole world.
49. Q. Why was this done ?
Ans. Because the South had no navy, and naturally re¬
sorted to this means to strengthen their power upon the sea.
50. Q. What motive actuated Secretary Seward in offering
to accede to the Declaration of Paris ?
Ans. It was to prevent the European Powers from recog¬
nizing the independence and the belligerency of the South.
But his object failed, and he withdrew the offer.
51. Q. What became of Jefferson Davis' offer?
INTERNATIONAL LAW.
39
Ans. No foreign State accepted his offer.
52. Q. What claim was settled by the Great Tribunal of
Geneva ?
Ans. The Alabama Claim, the settlement of which cost
England $15,500,000 for damage done to our commerce, and
for allowing the Alabama and the Natchez, both Conferedate
cruisers, to be built in her shipyards.
53. Q. What unworthy and treacherous act was Great
Britain guilty of during the Civil War?
Ans. England instructed her Minister at Washington,
May 18,1861, to secure the assent of the United States to the
Declaration of Paris indivisible, and at the same time sent a
secret messenger to the South to get her assent to the second,
third and fourth article^, omitting the article on privateering.
England's plan was to stop our privateering, and to leave the
South free.
This was obviously a well-planned scheme to secure for the-
British ships the whole carrying trade, both of the South and
North.
54. Q. What sort of a blockade did the Union set up-.
during the Civil War ?
Ans. A strict blockade, and the greatest known in history,-
extending from the Capes of Virginia to the Rio Grande
River.
55. Q. How was that done, we had no navy ?
Ans. The Union chartered a lot of craft, fishing vessels,
barges and river steamers, then armed them, and invited men
to volunteer for the navy service.
56. Q. What interesting act grew from this during the
Franco-Prussia War?
Ans. When this war broke out, Prussia had but a small
fleet, so she imitated our plan. Owners were invited to fit
out vessels for attack upon warships, and large rewards were
offered in case of success. Prance protested, and appealed to
40
INTKkNATIONAL LAW.
England. But England decided that they could do this un¬
der the Declaration of Paris.
57. Q. What must be done in great civil wars ?
Ans. As a necessity, each party recognizes the belligerent
rights of the other, for otherwise there could be no exchange
of prisoners, and the laws of war could not be adhered to.
58. Q. What were the two great Constitutional questions
in the Civil War?
Ans. Could we regard the Southerners as traitors in law,
and also consider them as our enemies in International law?
That is, could we capture the property of loyal subject on sea
and blockade a port over which we claim sovereign jurisdic¬
tion ?
These questions soon found there way into the Supreme
Court, and this Court decided that the United States could
treat the Southerners as traitors in law and as enemies in
International law, and could blockade ports over which she
had jurisdiction, and could recognize the South as belligerent
de facto, but not de jure.
After the war, the South was guilty of treason, and
therefore disfranchised. By an affirmative act of Con¬
gress amnesty was granted to all the Southerners, restoring
them to citizenship, except Jefferson Davis, who never re¬
ceived citizenship.
59. Q. Fort Sumter was fired upon April 12, 1861. Con¬
gress being the law making power, did not meet until July 4th
and acted the 13th. Meanwhile great battles having been
fought, the question arose, was this a riot or a war ?
Ans. The Amy Warwick, owned in Richmond, and the
Hiawatha, of England, were captured, and these were the
cases upon which this great question was adjudicated by the
Supreme Court of the United States. It was decided by
the majority of the Bench that war was the fact of armies in
array.
(2) The court said that as to the international point,
INTERNATIONAL LAW.
41
England was estopped from all complaint, because on the
13th of May the Queen issued her proclamation of neutrality,
and other nations followed her, and as there is no neutrality
unless there be war, so England and France are both estopped
from making complaints.
60. Q. "What may be done in war?
Ans. Force may be used, not for the sake of causing
pain, but to accomplish the end sought in the speediest way.
61. Q. What means of warfare are allowed, and what are
forbidden in civilized warfare?
Ans. Hot shot and chain shot are forbidden at times, and
allowed at times; i. e„ they are allowable in bombardment, for
the purpose of setting fire to buildings, but not upon arrayed
armies. Savage allies are forbidden. The destruction of
Public Archives are forbidden.
62. Q„ Is deception allowed?
Ans. Yes ; such as giving false impressions of the num¬
ber of soldiers, or their situation.
63. Q. Can a promise be broken?
Ans. No; nor can opponents use uniform or flag during
engagements. It may be used as a decoy; i. e., a
ship may sail under the < enemy's flag for the purpose of
misleading, but before firing it must haul down its enemy's
flag and raise its own.
For reference, read General Halleck on International Law,
and Professor Leiber.
64. Q. May harbors in some cases be obstructed ?
Ans. Yes; the Charleston harbor was obstructed during
the Civil War, and England complained, but Mr. Seward told
her that she did the same thing in the Revolutionary War,
in Savannah harbor.
65. Q. What was provided in the treaty of Utrecht ?
Ans. That Dunkirk should be destroyed, because it
was near the British coast, and expeditions could be fitted
. out against England.
42
INTERNATIONAL LAW.
66. Q. What of public property oil land?
Ans. Except that which is used for religious, charitable
and scientific purposes public property is seizable. Private
property is generally exempt, but if taken, the Commanding
General gives a receipt and at the end of the war, it will be
payable at the treasury of the nation he represents.
67. Q. Are acts of devastation ever justifiable ?
Ans. Yes; the Russians destroyed their own town in front
of Moscow so that Napoleon's army could not subsist. Well¬
ington resorted to the same measure during the Peninsular
Campaign.
But the most famous in our history is the cleaning of
Shenandoah Valley by General Sheridan. It was so danger¬
ous to the Union forces that Sheridan was ordered to clean up.
68. Q. Is the enemy's property, public or private, upon the
high seas subject to capture?
Ans. Yes.
69. Q. Why are fishing vessels seldom captured?
Ans. Because the calling of fishermen is very dangerous,,
and so poorly remunerated that on humane grounds they are
spared where ever they are found.
70. Q. Can the enemy's property be captured in neutral
waters ?
Ans. No.
71. Q. What is done with the enemy's property after
capture ?
Ans. It is held in abeyance until passed upon by the
Prize Court.
72. Q. Who participates in this distribution of the prize
property ?
Ans. By onr law, all the vessels belonging to the fleet
that is in sight.
• 73. Q. What is a Prize Court ?
Ans. Dana calls it an inquest by the State to satisfy itself'
INTERNATIONAL, LAW.
43
that, the capture was regular with respect to neutrals. The
procedure in these courts is quite different from that of other
courts.
They do not examine the captors, but they examine the
ship, the cargo, papers and crew. These courts are sometimes
called Admiralty Courts, because they have to do with mari¬
time affairs.
74. Q. What constitutes the Prize Court of the United
States, and England, and France?
Ans. (1) The District Courts are the Prize Courts of the
United States, in which proceedings are initiated.
(2) In England by special commission from the King.
(3) In France, a special court is established for each case,.
75. Q. Is there any appeal from the Prize Courts of the
United States?
Ans. Yes; the Government is not bound to follow its de¬
cisions.
76. Q. What is meant by neutrality?
Ans. The State in which a nation maintains itself in war,
aloof from both belligerents.
Just as soon as war had been declared between the United
States and Spain, President McKinley sent orders to every
legation requesting the Minister to secure from the govern¬
ment a proclamation of neutrality; nearly every nation made
such a proclamation, some others gave private assurances,
which had the same effect.
77. Q. Are nations bound to guard this neutrality by
municipal law? Cite instance.
Ans. (1) Yes. (2) We had a great controversy with
Great Britain during the Civil War for allowing the Confed¬
erate cruisers to escape. England's defense was that she did
not have any statute that forbade it. Our Government told
her that she could not escape the obligation of International
law, which forbade the fitting out of such ships in her ports.
44 INTERNATIONAL LAW.
78. Q. May neutral territory be used for hostilities ?
Ans. No; for it is with great difficulty that nations get per¬
mission to allow armies to pass through foreign territory even
in times of peace.
79. Q. Must neutral waters also he guarded?
Ans. Yes; to illustrate, the Florida was a Southern
•cruiser during the Civil War, and preyed upon our com¬
merce, so, and the Union cruiser ran her into the port of Eio
Janeiro. They laid there quietly for some time. Finally, our
. cajatain took charge of the ship and brought her home.
The Brazilian Government complained of this violation of
neutral rights, the United States apologized, and sent a ship
to salute the fort at Rio Janeiro^ and dismissed the Consul.
80. Q. What acts are not forbidden by International law?
Ans. (1) Giving( money to suffering belligerents. (2)
Furnishing coal enough to a steamer of a belligerent to reach
the nearest port of its country, but a permanent coaling sta¬
tion is forbidden.
(3) Munitions of war can be sold, subject to capture,
that is the other belligerent can seize them wherever they find
them.
(4) Building and selling an armed vessel, as an implement
not built for the purpose of fighting any particular nation and
not commissioned with officers of any nation, is allowed. See
Dana's Wheaton, P. 553, and H. E. Hall's International Law,
P. 536, and in the later edition P. 700.
NEUTRAL TRADE.
81. Q. What is the principle governing neutral trade?
Ans. Trade is to be hindered as little as possible, without
directly aiding the belligerents.
82. Q. What principles were recognized before the Decla¬
ration of Paris?
Ans. (1) Enemy's goods in neutral ships are subject to
•capture.
INTERNATIONAL LAW.
45>
(2) Neutral goods on enemy's ships are free
83. Q. What are the rules laid down by the Declaration of
Paris ?
Ans. (1) Privateering is and remains abolished.
(2) The neutral flag covers the enemy's goods, with the
exception of contraband of Avar.
(3) Neutral goods, with the exception of contraband
of war, are not liable to be captured under the enemy's flag.
(4) Blockades to be binding, must be effectual. There
must be actual force existing.
84. Q. What is contraband of war?
Ans. The articles filled directly to aid the military pur¬
pose of the enemy, are contraband. This, of course, includes-
fire arms and powder of all kinds. General Butler, in the
Civil War, took the negroes as contraband.
S,"). Q. What is the penalty for carrying contraband?
Ans. Confiscation of the contraband goods and all other
goods, and the ship, if it belong to the same owner.
86. Q. May hostile dispatches be confiscated?
Ans. Yes; daring the Civil War Mason and Slidell were
taken off the S. S. Trent. Mr. Seward said the act was
unlawful, and returned the men to the Trent.
The doctrine is now acknowledged by all nations, that
no belligerent can take a man, who ever he may be, out of a
neutral ship upon the high seas.
87. Q. What is the ru/e concerning blockades ?
Ans. That neutrals are bound to respect an actual ef¬
fective blockade, whether commercial or strategic, but not it
paper blockade.
<88. Q. What is a paper blockade ?
Ans. One that is proclaimed and not executed.
8!). Q. In what two ways are blockades announced.
Ans. (1) By proclamation of the Government; (2) by
warning from the blockading vessels.
46
90. Q. What of the riglit of search?
Ans. It is the right of a belligerent to stop a neutral
upon the high seas ancl examine her papers and cargoes. It
does not exist in time of peace, except by treaty. Great
Britain claimed this right in peace and war.
After 1820., when England decided to break down the slave
trade, she again asserted this right to visit our vessels and see
if they were slave traders.
INTERNATIONAL LAW.
4-
CHAPTER I.
HISTORY OF TREATIES.
1. Q. What was the form or organization of this Govern¬
ment. in 1778 ? *
Ans. A mongrel institution, without form or void.
2. Q. How could an administrative government or State
like the Colonial Government attack such a powerful country
•as Great Britain?
Ans. With the moral support of Russia and the military
and monetary assistance from France.
3. Q. How did Ave secure such assistance from France?
Ans. By treaty, which was the first treaty that we made; the
fact was obvious to our forefathers that success could nftt
■come to them unless diplomatic relations were formed.
4. Q. What were the names of some of the men appointed
to achieve this result?
Ans. Hamilton, Franklin, Dickinson, Jay and others.
5. Q. In what year was the Department of Foreign Af-
iairs established—the name of the secretary and his salary?
Ans. In 1781. Robert Livingston was appointed in
August as secretary, with a salary of $4000, and served until
June, 1783, when the office was vacated, until filled by Jay,
in 1784.
6. Q. What change did this office undergo ?
Ans. In 1789, the year the Constitution was adopted, a
law was passed setting up a Department of Foreign Affairs,
but this was soon changed to its present name, "Department
of State."
48
INTERNATIONAL LAW.
7. Q. How long did Jay hold the office of Secretary of
State ?
Ans. Until the spring of 1790; he was succeeded by Jeffer¬
son. Jay was made Chief Justice of the United States Su¬
preme Court.
8. Q. Was Congress ever called upon to adopt a particular
ceremony for the reception of foreign Ministers?
Ans. Yes; when it was known that a French Minister
was lo come;, it took five days for Congress to decide the
manner of his reception. He was to be met with military
honors, and escorted to Congress in the Coach of State. The
House was to receive him standing. He was to make his
speech to the House while seated; but on the reply of the
presiding officer, all were to stand.
9. Q. How are Ministers and Embassadors received at
present ?
Ans. When the Minister arrives, notice is at cnc-e given
the President, through the State Department, for the purpose
of ascertaining a time for reception. With this communica¬
tion is sent a copy of the Minister's address, in order that
the President may be prepared with his reply. Having gone
through these preliminaries, the date of the reception is fixed,
and the Minister is actually received by the President in all
simplicity.
10. Q. How is a Minister to foreign courts received?
Ans. Upon his arrival he makes known the fact through
the Department of State, and his desire for an audience. He
next sends a copy of his address, in the language of the
country to which he is sent. At the time of the audience,
usually the carriage of State is sent for him. At the proper
time he is presented to the Sovereign, and delivers his speech,
to which the Sovereign replies. After which there is a for¬
mal reception, with serving of refreshments.
11. Q. How is the Department of State organized ?
4f>
Ans. At the head of this department is a Secretary of
State, and under him are three assistants, two of whom are
permanent; the first changes with administration. The first
assistant takes charge of all the duties of the office, and in the
absence of the Secretary, he assumes control. The second
and third assistants are not usually changed.
12. Q. Why are the second and third assistant secretaries
not changed?
Ans. Because some continuity of knowledge of the affairs
of the department Js almost indispensable.
13. Q. (a) Plow many bureaus are there in the Depart¬
ment of State? (b) Name and describe each.
Ans. (a) There are seven bureaus.
(b) First, the diplomatic bureau receives all dispatches
of a diplomatic nature and looks them over. Second, consular
bureau.
Third, bureau of accounts. Fourth, bureau of labor and
roll, with a library connected.
Fifth, bureau of statistics. Sixth, bureau of law.
Seventh, the index which takes care of certain records; every
dispatch that comes in, is so arranged that it can be con¬
sulted at the shortest possible time.
11. Q. Is the office of Secretary of State important?
Ans. Yes; for he is the keeper of the Great Seal, and'
stands next to the Vice President in succession to the Presi¬
dency. He preserves the Archives, and has published all the
laws of the United States.
15. Q. What is the manner of negotiating treaties?
Ans. Commissioners are appointed by respective sove¬
reigns, between whom a treaty is to be formed. After their ap¬
pointment they arrange a meeting, and display their commis¬
sions, showing to each other that they have power to negotiate.
There is a secretary appointed to keep record of the pro¬
ceedings.
f)0
INTERNATIONAL LAW.
lf>. Q. What two great opinions were given in the Con¬
federate Congress about treaties?
Ans. Franklin advised Congress not to seek alliances, but
to secure independence first and let treaties follow. John
Adams thought we should seek treaties, but have commercial,
and not military ones.
17. Q. Were either of these opinions followed?
Ans. No; we sought alliance with France, and formed
political and military alliance with her.*
18. Q. Were such alliances necessary?
Ans. Yes; for we were out in the cold world, and needed
all the aid that it was possible for us to command.
19. Q. Who were the men appointed to draft the treaty
with France?
Ans. Dickinson, Adams, Roberts, Morris and others.
20. Q. Who were the first commissioners sent abroad to
negotiate a treaty?
Ans. Franklin, Arthur Lee and Silas Deane.
21. Q. Was the attitude of the European Powers of any
consequence to the Colonial struggle? Illustrate.
Ans. Yes; for had it not been for the auspicious condi¬
tion of affairs in Europe, the Colonists woud not have been
successful. In 1763 Great Britain came into possession of
Canada, including Nova Scotia and Cape Breton. Florida
came to Great Britain, ceded by Spain ; however, it was re-
troceded to Spain later. So, England held all the territory
in the North, and Florida in the South. Spain held Cuba,
which was ceded to her in 1763, and Louisiana, which was
ceded to her by France in 1769.
Louisiana meant the vast tract covering the trans-Missis¬
sippi region.
In 1800 Louisiana was retroceded to France, and by
France, was ceded to the United States in 1803. England at
this point stood alone without friends; France, remembering
INTERNATIONAL LAW.
the loss of Canada, and Spain the Mississippi Valley.
22. Q. What effect did the news of the Declaration of
Independence have when it reached France?
Ans. So much that Vergennes advised further measures
•of help, even though war should ensue; however, it must be
remembered that France had a motive in aiding the Colonies.
Vergennes was trying to regain possession of Canada. This
motive consisted of two factors:
(1) To do that which would be advantageous to France.
(2) To do that which would be a benefit to us.
23. Q. What message did the King of Prussia send us?
Ans. That he would not be the last to recognize us, that
he would not allow German mercenaries to cross his territory,
and that he would give American cruisers an asylum.
2-i. Q. Did the Colonies at this period get monetary aid
from France?
Ans. Yes ; the Prime Minister Vergennes gave us five
hundred thousand francs, and advised us to go to Spain for
further help.
25. Q. What was the Bourbon family compact?
Ans. It was the combination of the Kings of France,
Spain and Naples into a league by which they agreed they
-would support one another in their foreign policy, and that
no one was to take any step without consulting the others.
26. Q. Did the commissioners go to Spain, as advised, if
so, what were the results obtained?
Ans. Yes; Spain told the commissioners that she could
never recognize their government, but at the same time sent
one million of francs to France to be given to the commis¬
sioners to help Americans.
27. Q. What suggestion did Spain make to France?
Ans. That they let England and the United States ex¬
haust themselves, and then mediate.
28. Q. What did Congress decide to do December 30,
1776?
INTERNATIONAL LAW.
Ans. To send Ministers to Berlin, Vienna, Spain and
Tuscany.
29. Q. What was the object of sending a Minister to
Tuscany, a country which did not appear on the map ?
Ans. It was the home of rich Italian bankers, and our
forefathers thought that we could get help from them to
carry on the war. Our Ministers in Berlin and Vienna were
to use their influence to prevent German mercenaries from
helping England. . At that time it was very common for one
country to hire troops from another to help in war.
30. Q. Did the surrender of Burgoyne produce any effect ?
Ans. Yes ; it was the turning point here and in Europe.
This battle was to the devolution what the battle of Gettys¬
burg was to the Civil War. The commissioners were told
December, 1777, that the King of France would recognize
us, and France would make a treaty of amity and commerce.
Bead references—Doniol, Vol. II, Chap. II ; Sparks' Dip¬
lomatic Correspondence ; John Adams" Works, Vol. III.
31. Q. Suppose the Senate and President make a treaty,
as they did with Spain, paying twenty million dollars for the
Philippines, could the House refuse to appropriate the
money ?
Ans. Yes; but the Government would lie guilty of making
a promise that it did not keep.
32. Q. Describe the two treaties, that of alliance and
amity between France and the United States at the begin¬
ning of our Government?
Ans. First, to make common cause in case of war between
France and Great Britain; of course, that committed us to an
alliance for war.
second, the object is to maintain the sovereignty and inde¬
pendence of the United States. Articles V and VI. The British
possessions in the northern part of America and the Ber¬
mudas, if conquered, would come to the United States-
INTERNATIONAL LAW.
France renounced all claims to them, making the most gener¬
ous arrangements with the United States. This treaty was
signed 1778 by Franklin, Deane and Lee for America, and
Gerard for France. England considered this a declaration of
war,, and withdrew her Ministers.
33. Q, AVIien, and with whom did we make the second
treaty ?
Ans. We made it with the Netherlands in 1782. The
best authority on this subject is John Fiske's American His¬
tory, II, P. 1-L8.
34. Q. When did Ave make a treaty with Holland, or the
Seven Provinces?
Ans. In 1783, the 23d of January, at The Hague, the
treaty was ratified, and John Adams at once got a loan of
five million florins; the Dutch forbade peace being made
with England until all in the alliance were ready to make it.
35. Q. In connection with this treaty, what were tie
three important clauses therein?
Eeference—Secret Journals of Congress, Vol. II; Diplo¬
matic Histories of France, by Flassan and Comte d'Garden.
36. Q. What strength did the Declaration of "Independ¬
ence give the Colonial Government?
Ans. It enabled us to borrow money, and to have a stand¬
ing in the world.
37. Q. Did we get armed support from France ? If so, in
how many ways was it done ?
Ans. Yes; in two ways, it plunged France into war with
England, and drew England's attention from us; and, sec¬
ondly, France sent a great fleet over, and a large number of
troops to give us direct aid. Our struggle called forth
European recognition.
38. Q. Can you explain some of the features of the Treaty
of Amity and Commerce ?
Ans. The unity of this treaty put us on the most favored
54
INTERNATIONAL LAW.
national basis as to duties, impost, etc. (To be favored, is
meant that we were not to pay any higher duties on our goods
than the nations.)
First, it facilitated and hastened our recognition by other
nations. France was actuated by self interest, which impelled
her generous acts.
Second, the United States negotiated as an equal of the
United Provinces. This could not be said relative to France;
for receiving so many favors from France, we negotiated with
her as inferiors.
. Third, the treaty was not obtained through the guidance
and control of France. Adams and Vergennes were not con¬
genial. France, Spain, Netherlands were at war with Eng¬
land. We had a recognition treaty with Holland, Alliance
treaty with France. See Sparks' Diplomatic History, Vol.
Ill, P. 646.
39. Q. How many ineffectual movements toward peace
were made from 1779 to 1783 ?
Ans. Five. England proposed a suspension of the offensive
acts of Parliament if we would cancel the treaty with France;
this was refused.
In 1779 Spain offered to mediate between France and Eng¬
land. This was before Spain had declared war herself with
England. Great Britain refused to recognize the independ¬
ence of the United States, even during the truce, then Spain
declared war against England.
In 1780 and 1781 England made peace with Spain, pro¬
posing to give her all the European possessions in America.
40. Q. Did Adams, who was our Minister to England,
receive fresh instructions as to the treaty of peace ?
Ans. Yes. First, a short truce would be dangerous. If long
enough to close the war it might be accepted, provided the
French agree, and the British forces leave the country. Sec¬
ond, a title not derogatory to the character of an independent"
INTERNATIONAL LAW.
55
and sovereign people. Third, loyalists were not to be received
back, nor compensated, unless England would pay lis for
the damages done to us. Fourth, not to be bound to receive
the English into this country as citizens.
In 1781 Jay, Franklin and Adams negotiated a treaty,
June 15, with new instructions.
First, to insist upon the recognition of independence. Second,
to keep the treaty with France. Third, to make candid and
confidential communications with France, and to do nothing
about peace without her knowledge and concurrence.
(See John Adams' Life and Works, Vol. Ill; Bancroft's
History, Vol. X; Hale's Franklin in France.)
41. Q. What important event took place the 20th of
March, 1782?
Ans. Lord North was driven from power by the peace
party.
•42. Q. What was his politics, and who was his successor?
Ans. Lord North represented the strong Conservative
party of George III, and was succeeded by Kockingham.
Shelbourne and Fox were made Secretaries of State.
43. Q. What was the ' basis upon which Granville and
Yergennes negotiated a treaty?
Ans. (1) That England should make a treaty at once
with all the belligerents, Netherlands, Spain, United States
and France.
(2) Independence of United States to be recognized.
(3) Treaty of 17G3 to be the starting point.
44. Q. What was Franklin's necessary suggestion in the
treaty ?
Ans. First, Independence, and troops withdrawn. Second,
boundaries to be fixed. Third, restriction of the boundaries
of Canada. Fourth, fisheries off Newfoundland.
45. Q. What four other points did Franklin think advis¬
able and necessary?
56
INTERNATIONAL LAW.
Ans. (1) Indemnity of sufferers on our side. (2) Some
acknowledgment by Parliament of its errors toward us. (3)
Freedom of trade with the English colonies. (4) Surrender
of all Canada.
46. Q. What became of these necessary points?
Ans. The first four were carried out to the letter.
47. Q. What sad event happened while these negotiations
were going on?
Ans. Rockingham died. Shelbourne was appointed Prime
Minister of England in his stead, and Townsend was appoint¬
ed Secretary of State.
48. Q. What happened under this regime of ministry?
Ans. A bill was passed by Parliament enabling the King
to consent to our Independence. Jay's Works, Yol. I, P. 361.
Negotiations from September 27 to November 30, 1782.
49. Q Who were carrying on these negotiations ?
Ans. Oswald for the British, Jay and Franklin for the
United States.
50. Q. What were the subjects considered in the first draft
of the treaty? Name them.
Ans. First, Independence. Second, boundaries. Third,
peace, including the release of prisoners, evacuation of posts,
etc. Fourth, fisheries. Fifth, the Mississippi and navigation.
51. Q. What was the course of the original boundary line ?
Ans. It ran from the Bay of Fundy up the St. John's
River to the mountains forming the water-shed between the
streams flowing into the St. Lawrence River and those flow¬
ing into the Atlantic Ocean. Of course, this did not remain
the boundary. Read Prof. Hinsdale's, "The Old Northwest."
52. Q. What did the Spanish and French claim?
Ans. All the territory beyond the Alleghanies.
53. Q. In what manner did the Spanish Minister set his
boundary line?
Ans. From Pensacola to the Flint River along the Al-
INTERNATIONAL LAW.
57
leghany Mountains to Virginia, then across to the city of
Erie; then he took the middle border of the Lakes, and
claimed that all inside of this line belonged to Spain, because
the Mississippi Valley drained the territory.
> 54. Q. What suggestion did France make relative to Eng¬
land's claim to territory?
Ans. That a line would give England part of the territory
that Spain claimed. That line was to be the Ohio River.
North of this would be under English protection, and south
of it would belong to Spain. In this way Spain lost half of
her claim.
55. Q. What were the claims that England presented
through her commissioners?
Ans. All the territory from the Alleghanies to the Mis¬
sissippi.
56. Q. Upon what basis did the American claim straight
through to the west? %
Ans. By virtue of the charter given to them by England
granting them all the territory from the Atlantic to the
South Sea; sometimes they rested their claim upon the con¬
quest of Illinois by Clark.
57. Q. Why did the Americans claim away up into
Canada ?
Ans. It was upon the old grant of the Plymouth Colony,'
which fixed the northern line at 45th parallel and a later
grant extending it to the 48th parallel. See Sparks' Diplo¬
matic Correspondence, Vol. X.
58. Q. What can be said of the third draft of the treaty ?
Ans. It was just like the second draft. It was to run as
far as the St. Lawrence River and through the middle of the
Lakes, Ontario, Erie, St. Clair and Huron, and also to run
through Lake Superior and north of Isle of Royal and Isle
Phillipeneaux, thence to Long Lake, to Lake of the Woods,
from there west to the source of the Mississippi River.
58
INTERNATIONAL LAW.
59. Q. Was the source of the Mississippi River known
during these negotiations?
Ans. No; because when the true source was discovered,
it was found to be south instead of west, and it was nearly a
hundred years after this, before it was permanently estab¬
lished.
INTERNATIONAL, LAW.
59-
CHAPTER II.
HISTORY OF TREATIES.
1. Q. What were the most difficult problems in the treaty
with Great Britain?
Ans. The loyalist and the fisheries.
The Tory was the most serious, because we were under the
old Continental Congress at that time and it had no powers,,
except what the States gave it, and Adams argued to have
the treaty concluded, and collect the debts from the States.
The American commissioners refused to sign the treaty with¬
out the fisheries article.
2. Q. 'What about the seizure of negroes being forbidden?'
Ans. Laurens, who was a South Carolinian, joined the
Commissioners in time to get in his clause preventing the
British from carrying away Negroes, at this time they were
slaves. And the English argued that they had just the same
right to take them away as they had to carry away the horses
they owned.
This provisional treaty was signed November 30th, by
Oswald for England, and Adams, Franklin, Jay and Laurens
for the United States.
3. Q. What was the definitive treaty?
Ans. It was the provisional treaty adopted by the Com¬
missioners for the purpose of dividing the common possessions
of England and America after failing to adopt the definitive
treaty.
4. Q. What are some of the principal articles in this
treaty ?
Ans. It must be understood that this is a treaty of parti¬
tion and not of (concession.
■60 INTERNATIONAL L, A.W,
Article 1. Independence recognized b)T Great Britain.
Territories and fisheries were our common possessions, di¬
vided amicably.
Article II. Boundaries defined.
Article III. The right to fish upon the Grand Bank and
other b-anks of the Newfoundland coast.
5. Q. What is meant by the term "bank?"
Ans. It refers to large stretches of shallow water around
Newfoundland, in the Gulf of St. Lawrence and other
places of the sea where both nations used to fish. They could
not dry or cure on the island.
6. Q. What does Article IV say concerning debts?
Ans. Creditors on either side shall meet with no lawful
impediment to recover indebtedness. This nearly led us into
another war with Great Britian, because when the British
came over here to collect their debts, they found it very dif¬
ficult to enforce their claim.
7. Q. In closing the treaty of 1783 can you make a short
digest of the results?
Ans. Yes. First, the Americans carried their main
points, viz: Independence, boundaries and fisheries, which
were the most important.
Second, had they failed in part they might have been bound
by France with Spain on the western frontier. Third, the
treaty was needed for internal affairs, and also to hold a
neutral place in the coming European wars ten years later.
Fourth, our Ministers had patience and talent, being ill-
treated and snubbed by foreign diplomats, and unrecognized
by their own countrymen.
A French Minister, commenting upon this new Repiiblic,
said: "This Federal Eepublic is born a pigmy, but the day
will come when it will be a giant."
Lecky's Histor}T Commentators, Yol. IY, P. 284 ; Wilson's
Narrative and Critical History, PP. 150, 152.
INTERNATIONAL LAW.
From the treaty of peace 1783 to Jay's treaty 1794.
8. Q. What nations did the United States Government
make treaties with, after the treaty of peace (1783) ?
Ans. Franklin made a very unwise treaty with France,
allowing her jurisdiction in our own country. This was very
repugnant to us. Monstier was the French Minister to this
country, and he became so offensive that he was asked to be re¬
called.
9. Q. Did the United States Government have any other
complications with the French?
Ans. Yes. Genet landed at Charleston, began to con¬
struct privateers to use against England, seized the pro¬
visions on neutral ships, and brought them into our ports.
We also asked for his recall.
10. Q. What of the treaty with Spain?
Ans. The Spanish Minister, Guardoqui, came over in
1785, and offered us commercial advantages in the Mediter¬
ranean, if we would renounce the navigation of the Missis¬
sippi; but we refused it.
11. Q. What were the points in the treaty with Prussia ?
Ans. The principal points were: Free ships, free goods,
and immunity of non-combatants. This treaty expired in 1795,
being only ten years in duration, and was made by Adams,
Franklin and Jefferson.
12. Q. Why djd we make a treaty with Morocco?
Ans. To prohibit the selling of our officers and sailors into-
slavery, this was often done in the Barbary States. This
treaty lasted for fifty years, and a new one was made in 183G.
13. Q. Whom did we send as Minister to England in'
1785, and what was he instructed to do?
Ans. John Adams; he was instructed to demand the sur¬
render of the forts on the northern frontier, and also satisfac¬
tion for the Negroes carried off, and postponement of debts.-
But Adams failed in everything, and resigned in 1788.
«2 _ INTERNATIONAL LAW.
14. Q. Who was the next Minister to England, and when
did he go ?
Ans. Thomas Pinc-kney, of South Carolina, succeeded
John Adams in 1791.
15. Q. How long after we sent the first Minister to Eng¬
land, before she sent one to us ?
Ans. It was six years before she sent Hammond, her
first Minister.
16. Q. Who was our Secretary of State at this time?
Ans. Thomas Jefferson (see Jefferson's Dispatches and
Diplomatic Correspondence showing the following j^oints) :
First, the posts were retained contrary to the treaty: Mack¬
inac, Detroit, Port Erie, Niagara and Oswego.
Second, British had tried to exercise jurisdiction in the
vicinity of the forts.
Third, they excluded us from navigation on our' own side
■of the streams and lakes forming the boundary; this, of
course, restricted our trade, especially on the Detroit and
Mackinac.
Fourth, Negroes were carried off as well as other property.
Fifth, the importance of determining which river "St.
Croix" was the boundary, there being three rivers of the same
name.
17. Q. What kind of a replication did Hammond make?
Ans. He said that England was justified in the retention
of the posts and forts, because the debts could not be collected.
18. Q. In what manner did Jefferson reply?
Ans. He answered May 29th, 1792, in this wise:
First, that the treaty was supreme law. That it was bind¬
ing upon both nations, and that the British had failed to
carry it out. Second, that the United States had done all
they promised to do with regard to debts.
Third, that the delivery of the posts was a plain duty,
which the British should perform without delay.
INTERNATIONAL LAW.
63
19. Q. What did the British council authorize June 8th,
17S>3, against our commerce?
Ans. To seize our provisions on neutral ships on the way
to France, and France would seize the provisions on the way
to British ports. They knew that we were too weak to fight.
■ (Bead MacMaster, Vol. II.)
20. Q. What events developed about this time which
greatly embarrassed the United States relative to her foreign
affairs ?
Ans. Two parties sprang into existence known as the Whig
and Republican, the latter being against England, and the
former in favor of France, because she assisted us to gain our
independence, so Washington appointed Bandolph Secretary
of State, and sent Jay to England as Commissioner. There
were many who did not want to negotiate, but wanted
to fight it out, until the British had surrendered the posts.
But men of thought knew we were too weak to fight, having
no army or navy.
21. Q. Why was the nomination of Jay opposed?
Ans. Because it was claimed that when Jay was Minister
of Foreign Affairs he declared that the Negroes could not
be returned to the slave owners, though he thought they should
have been paid for, and the English was justified in holding
the posts.
22. Q. What were the points of instruction to Jay when
he was sent as our commissioner to England?
Ans. They were as follows, viz: First, the negroes. Sec¬
ond, posts. Third, orders in Council. Fourth, impressments.
Fifth, West India trade. These were laid before the British
Government.
23. Q Was not Thomas Pinckney our Minister in Eng¬
land at this time ?
Ans. Yes; but John Jay was our special Envoy Extra¬
ordinary.
64
INTERNATIONAL LAW.
24. Q. When was this treaty by John Jay concluded?
Ans. November 19, 1794, and lasted until the war of
1812, regulating all commercial relations with Great Britain
for all this period. (See Secret Journal of Congress, Yol. 4,
P. 77.)
25. Q. What was Greenville's argument to Jay concerning
the points of instruction?
Ans. That Negroes were not property, after they came
into the hands of the British. The posts were not to be
evacuated until June 1st, 1796, * * * that free naviga¬
tion of the Mississippi by both nations and that free commer¬
cial intercourse across the boundary. See also "Survey the
Upper Mississippi to Establish Boundary."
For a commission to decide which of the St. Croix was in¬
tended as a boundary. (See MacMasters History, Yol. II,
P. 213; Schouler, Yol. I, P. 592.)
26. Q. What were the objectionable points in the Jay and
Greenville treaty ?
Ans. First, the evacuation of the posts was delayed too
long, and their traders were allowed to remain while ours were
excluded. Second, the non-surrender of the Negroes was
nnjust. Third, the prohibition of the confiscation of debts
was a loss to us, as we needed it as a weapon to control the
English. Fourth, permission of aliens to hold lands here
would occasion mischief.
Fifth, limitation with the Indias made matters worse.
Sixth, the extension of contraband, particularly of provisions,
gave our trade a black eye, especially exportation. (See For¬
eign Relations, Vol. I, P. 503.)
27. Q. What were the points of defense by Jay for making
such an obnoxious treaty?
Ans. That a poor treaty without war, was better than
war, as this sort of a treaty, if possible, would avert war.
Second, a reasonable time, he thought, should be allowed
INTERNATIONAL L\W.
65
the traders to collect their debts before evacuation, as the
settlers, or creditors, were scattered far and near. Third,
liberty of trade and travel, which he had secured was wise.
Fourth, provision for settling our debts was unavoidable.
Fifth, that reparation for damages done by cruisers under
the color of royal authority, would enable us to recover ten
million three hundred and forty-five thousand dollars ($10,-
345,000.)
Sixth, by making concessions-on the Negro question, many
other favors were gained. Seventh, Jay got a relaxation of
the policy of monopolizing the colonial trade.
The convention of 1800, with France. See Trescot's Dip¬
lomatic History; Hilliard Vol. II, American State Papers,
Vol. I.
28. Q. (a) Who was appointed to succeed Jefferson in
1792? (b) and what was the outcome?
Ans. Morris, who was a distinguished gentleman from
New Jersey. Tie had lived in France for three years and
was on very intimate terms with the Royalists, and when the
King ran away from Paris, Morris assisted the family to
escape, and of course had no influence with the party in
power.
29. Q. What important event occurred in the European
countries in February, 1793?
Ans. France declared war against England, and in April
Washington issued his famous proclamation of neutrality.
30. Q. What change took place in the Diplomatic Corps
at this time that averted the great peril which threatened us.
Ans. Morris was recalled from France and Monroe sent
in his place, and Jay was sent to England.
31. Q. What were the instructions given to Monroe es¬
pecially regarding Jay?
Ans. Fie was instructed to say that (1) Jay was forbidden
to go contrary to our obligations with France. (2) To raise
06 INTERNATIONAL LAW.
1 lie embargo on our ships at Bordeaux. (3) To secure com¬
pensation for the illegal'capture of our ships and goods. (4)
To remove suspicions about Jay's mission. (5) To correct
the violation of the treaty with France in 1778. (6) To se¬
cure aid from France in the Mississippi question with Spain.
32. Q. After the ratification of the treaty by the Senate,
what did France do March 12th, 1796?
Ans. " She made formal complaints upon three points; viz.,
(1) of the inexecution of our treaty; i. e., we did not allow
them to set up prize courts in this country. That we had
admitted British warships, which was forbidden by Article
17 in the treaty of 1778. (2) Allowing the seizure by the
British of the vessel in which the French Minister, Fouche,
had sailed. (3) The doctrine of contraband in the Jay
treaty. In July the French recalled their Minister, Adet,
on hearing that the House had voted to carry the treaty into
effect.
33. Q. When was Monroe recalled from France, and who
was his successor?
Ans. He was recalled in 17.78, and Charles C. Pinckney,
brother of Thomas Pinckney, was his successor.
34. Q. What notice did Monroe receive, December 11th,
from the French Directory ?
Ans. That they would not receive another Minister from
the United States until redress had been made. They re¬
fused to allow Pinckney to remain in France.
35. Q. How did President Adams try to settle these dif¬
ficulties ?
Ans. The President knew that we could not afford to so
o
to war, so he appointed John Marshall and Elbridge Gerry to
associate with Pinckney as a commission.
36. Q. When did these commissioners arrive in Paris, and
what of their transaction?
Ans. In October 4th, 1797, and now comes one of the
INTERNATIONAL, LAW.
most extraordinary events in our history, generally known as
the X. Y. Z. incident. X., Y. and Z. were the names of three
unknown men sent by Talleyrand, the Premier of France, to
demand three things of the commissioners: First, an apology
for the language used by the President concerning the rejec¬
tion of Pinckney and the farewell words to Monroe. The
French took offense at our criticism of the effusive farewell
of Monroe and the rejection of Pinckney.
Second, a loan of money to France.
Third, they even asked for bribes for the Directory; this
was indignantly refused.
37. Q. What followed this on the 18th of March, 1798 ?
Ans. Talleyrand wrote word that he would treat with
the commissioners who were in sympathy with France.
38. Q. What reply was made to this?
Ans. John Marshall and Pinckney withdrew, but Gerry
remained, which was a terrible blunder. Gerry thought that
he could act officially without the other two commissioners.
■Congress indignantly recalled him.
39. Q. What did President Adams do at this juncture?
Ans. He reconvened Congress, and had an act passed in
July, 1798, declaring all treaties with France void. The
President also declared that he would not send another
Minister to France, unless his reception was guaranteed like
that of any other powerful nation.
40. Q. At this time did there exist a quasi-warfare be¬
tween France and the United States ?
Ans. Yes; there was actual fighting on seas, and men on
both sides were killed; yet there was no declaration of war.
41. Q. Why did not Congress declare war?
Ans. For several reasons: First, war with France meant
war with Spain, as a consequence growing out of the Bourbon
•compact.
Second, possibly the cession of New Orleans to England.
(58
Spain owned Now Orleans at this time, and it was feared
that she would cede it to England.
Third, trouble with Portugal, who was helping us with tlib
treaties with the Barbary States. Fourth, a possible union of
the European powers in dividing America in settlement of
European questions.
1. Q. What important event occurred that extricated us
from this dilemma V
Ans. A new change took place in the Directory of France;
this party assumed a more moderate policy toward us.
Talleyrand intimated to our Minister at The Hague that
they would receive a Minister from us.
'I. Q Then what followed?
Ajit-. The President appointed Justice Ellsworth, Gov¬
ernor Davis of Xor!:h Carolina, and Murray. They Avere not
to enter Paris until they were sure of a reception. March
20th, 1800, they were presented to the first Consul. Xapoleon.
3. Q. What were their instructions?
Ans. To demand indemnity for captures, and to negotiate a
treaty. Again, in place of indemnity, they were to seek to
get rid of the duty of exclusive asylums and the guarantee of
French possessions in America.
4. Q. What claims did Ave ask France for?
Ans. Those that Avere made prior to July, 1798, the date
terminating the treaty. We claimed that treaties Avere in full
force up to that time, and that "Ave had good claims for all
injury prior to that period.
5. Q. What Avas France's reply?
Ans. That one party could not abrogate the treaty, and de¬
cline to proceed, but she Avas Avilling to consider the old treaty
abrogated, treating the act of the United States as equivalent
to Avar. In that case, no indemnity could be claimed, as
Avar abolished the treaty. The position of the French Avas,
that Ave could make a hcav treaty as a fresh start, and here
INTERNATFOMAL LAW.
was the great dilemma.
6. Q. How did we get out of this difficulty?
Ans. It was either abrogation and indemnity, or the old
treaty and indemnity. When our commissioners saw that the
French position was a strong one, they abandoned their in¬
structions, and took abrogation and no indemnity. In place
of this they were enabled to get rid of the duty of exclusive
asylum and guarantee of French possessions.
To this the French objected, saying, that it would leave the
priority of asylum to the British. At this point negotia¬
tions ended.
7. Q. What did the commissioners do next?
Ans. They proposed a temporary convention which was
speedily accomplished.
8. Q. What did they do in this convention?
Ans. They drafted a treaty which was twenty-seven
articles long; five of which I will name as the most important:
First, provisions to avoid abuses in capture.
Second, the right of convoy was recognized.
Third, France was to be put upon the most favored nations'
basis as to asylum and privateers.
Fourth, free ships, free goods.
Fifth, debts not to be sequestered.
9. Q. What did the Senate do when this treaty was pre¬
sented to it?
Ans. The convention held that Article 2 of the treaties of
1778 and 1777 were in abeyance; this was stricken out, and
the treaty limited to eight years. Also we lost all claim to
damages prior to 1800.
10. Q. Of what value and importance was this treaty?
Ans. It stayed off the war with France and paved the way
to the purchase of the Louisiana territory. Napoleon was in
his zenith at this time, and had war ensued, the result could
not have been guessed.
70
INTERNATIONAL LAW.
The treaty of 1795 with Spain.
See Trescot, Vol. II; Hildreth's IT. S. Foreign Affairs, Vol.
I; Henry Adams' Works.
11. Q. What was the attitude of Spain and England
in 1779 relative to the Mississippi question?
Ans. Spain was near a rupture with England.
In 1763 Spain ceded the right of navigation of the Missis¬
sippi to England in her old treaty at the end of the Seven
Years' War.
Spain made this treaty with England in 1783 at the time of
our independence. Spain failed to recall these rights which
had been ceded to England and which we in 1783 succeeded to,
for the reason that all possessions belonging to England in
America came to us with our independence.
Second, Spain contended that England gave back to her
in 1783 both banks of the Mississippi. That we lost the right
as British subjects by our independence.
12. Q. Rupture being close at hand between Great Britain
and Spain, what did Mr. Jefferson direct Mr. Carmichael to
do ?
Ans. To intimate that the Mississippi question mu.st be
settled. However, no results came from this.
13. Q. What was done in 1791 relative to the treaty?
Ans. Carmichael and Short, Ministers to France, were ap¬
pointed commissioners to negotiate a treaty with Spain on ihe
boundary of Mississippi River and commerce. They reached
Madrid in 1793, just after the execution of Louis XVI in
France,when Spain had lost her sympathy for France, and was
following England.
1-1. Q. What was the feeling between England and Spain
in 1794?
Ans. Very strained; so much so, that the Spanish Min¬
ister intimated that they would negotiate with a Minister of
proper dignity and position. So, Thomas Pinckney was
INTERNATIONAL LAW. 7«l
transferred from London for the purpose of making a treaty.
Prime Minister G-odoy seemed to be a very procrastinating
person. Pinckney became tired, and asked for Ms passports,
and said, that he would not stay any longer to waste time.
Godoy signed the treaty at once.
15. Q. Mention some of the points in the treaty.
Ans. (1) The boundaries were fixed as in 1783, that is,
the 31st parallel was taken. (2) The navigation of the
Mississippi free only to Spain and the United States, unless
Spain gave the privilege to others. We got New Orleans
for a deposit and trans-shipment of goods for three years
without export duties. (3) Claim commissions were estab¬
lished, settling claims of each government against the other.
(4) Free ships, free goods, neither naval stores nor pro¬
visions to be contraband. Godoy surrendered all the military
posts along the Mississippi.
16. Q. What complaint did Spain make regarding Jay's;
treaty ?
Ans. Jay's treaty provided that provisions might be seized
as contraband of war, if they were paid for, and also pro¬
tested against the United States permitting England to use'
the Mississippi Eiver. Spain and England were at war at
this time.
The treaty of 1803 with France, the purchase of Louisiana.
See: Gillman's Monroe; Hildreth, Yol. II; Monroe's
View; State Papers, Yol. II.
17. Q. Did France cede Louisiana in 1763 to Spain?
Ans. Yes.
18. Q. What was meant by Louisiana at that time?
Ans. Nearly all the territory west of the Mississippi.
19. Q. Wlien did Spain cede Florida to England?
Ans. In 1763, at the close of the Seven Years' War. Eng¬
land, in 1783 ceded Florida back to Spain. And in 1800
Spain ceded Louisiana to France.
72
INTERNATIONAL LAW.
20. Q. When was the treaty of San Ildefonso made be¬
tween Spain and Prance?
Ans. On the first of October, 1800, at which time Louisi¬
ana was ceded, to France.
21. Q. What was Napoleon's cherished dream concern¬
ing America?
Ans. To plant a Latin French Empire on this side, so lie-
exchanged Tuscany for Louisiana.
22. Q. How did Napoleon III try to imitate Napoleon
the First ?
Ans. By setting up a power in Mexico.
23. Q. When were the designs of Napoleon I made known
in America ?
Ans. Not until the spring of 1800. It raised a great
excitement, and a cry went up for us to form an alliance with
England.
24. What was the Spanish proclamation in 1802 relative
to New Orleans?
Ans. That it should be no longer a place of deposit.
25. Q. What was done next?
Ans. Congress authorized the President to call out 80,000
militia, if needed. We had no standing army, but voted
($2,000,000) two million dollars for the purchase of the Is¬
land of New Orleans and adjacent territory.
26. Q. While our commissioners were in France negoti¬
ating for the purchase of New Orleans and Florida, what
happened ?
Ans. Spain ordered New Orleans to be re-opened.
27. Q. Why did Napoleon have a confidential talk with
Marbois and Talleyrand about selling Louisiana in 1802 ?
Ans. Because he was getting out of money and also was
afraid that England would seize it; therefore, he told Marbois
to sell it for 80,000,000 francs.
28. Q. What complications were fast arising between
England and France?
INTERNATIONAL LAW.
73
Ans. War between England and France was coming on,
and on April 27th, Marbois offered to sell Louisiana for 80,-
000,000 francs, or about $10,000,000.
29. Q. What did Livingston and Monroe say to Marbois
when they met in France?
Ans. That Louisiana was worth 50,000,000 francs, but
they would give France 40,000,000; of course, Napoleon would
not consider this at all. The United States Government paid
80,000,000 francs.
30. Q. What privilege did the United States grant Spain
and France?
Ans. They permitted vessels, laden with produce from
France and Spain, or their colonies, to enter New Orleans for
twelve years on the same footing as American vessels.
31. Q. What great discussion followed the Louisiana pur¬
chase ?
Ans. There were views to amend the Constitution so as
to take the new territory in as a State. But the greater thought
prevailed, that in acquiring territory, it becomes assimilated
with the old, and could be governed as such, and that we
could at once make a State out of it.
32. Q. What was the last proposition concerning this
territory ?
Ans. That we should hold it a part, and govern it by
special methods, as we had a right to govern what we had
a right to acquire. This view prevailed.
33. Q. After the purchase of Louisiana, what Constitu¬
tional question arose?
Ans. Whether we had the right to discriminate in favor
•of French and Spanish trade. Chief Justice Marshall de¬
livered the opinion of the Supreme Bench in 1825, that the
United States could discriminate. 1st Peters' Eeports, 511.
34. Q. How did Chief Justice Taney and Justice Camp¬
bell view this decision of Marshall when they, Taney and
74
INTERNATIONAL LAW.
Campbell, decided the Dred Scott case ?
Ans. They said that the doctrine of Marshall was not
right.
35. Q,. Upon what grounds did Spain deny the right of
France to sell Louisiana?
Ans. That Prance never carried out certain covenants she
had made, agreeing to give the Duke of Parma the land she
had promised in return for Louisiana. And that Prance
promised Spain never to part with the territory.
36. Q. What reply did Madison make?
Ans. (1) He said that we had no notice of this at all.
(2) That it was not a part of the treaty of San Ildefonso.
(3) That Spain referred the United States to France for-
the purchase.
Treaty of peace with Great Britian 1814.
Eead following authorities:
Foreign Relations, Vol. 4.
John Quincy Adams' Memoirs, Vol. III.
Schouler's History of. the United States, Vol. II, P. 31.
Adams' Jefferson, Vol. Ill and IV.
37. Q. Where was the treaty negotiated ?
Ans. At Ghent, in Belgium.
38. Q. In March, 1813, Russia offered to mediate, was the-
offer accepted ?
Ans. No; England said that she would not mediate
through Russia, but would treat directly with lis.
39. Q. Who were the commissioners that negotiated this
treaty ?
Ans. John Q. Adams, Gallatin, James A. Bayard, Henry
Clay and John Russell for the United States; Lord Gambier,.
Henry Golburn and William Adams for England.
40. Q-.' At what time did this commission meet ?
Ans. August 8th, 1814.
41. Q. What were the points upon which these commis-
INTERNATIONAL LAW.
' 5
sioners were to treat?
Ails. (1) Impressment. (2) The Indians. (3) Bound¬
aries. (4) Fisheries.
42. Q. The United States commissioners had instructions
not to treat upon the point of impressment. What of the
second point as to the Indians?
Ans. England had always been trading with the Indians,
and they still wanted this privilege. Also, the -English asked
the United States to give the Indians a piece of territory in
Michigan and Wisconsin and never dispose of it.
43. Q. What as to fisheries?
Ans. Great Britian said that we had lost the right to fish
in her waters.
44. Q. "What demands did the English make ?
Ans. That our naval forces should be removed from the
Lakes. That we should not erect forts on the Lake shore.
That the part of Maine between the New Brunswick and
Quebec should be given to Canada.
45. Q. What reply did our commissioners make?
Ans. That such demands could not be considered, and
negotiations were suspended.
46. Q. What unlooked-for event occurred which removed
the obstruction?
Ans. The British Minister, Castlereagh, passed Ghent on
his way to the Congress of Vienna, and saw that the de¬
mands were unreasonable, so they were instructed to say that
the questions about. Lakes were not essential. The British
were anxious to let the boundary question be settled by what
is called the uti possidetis, meaning that they should keep
such territory occupied at that time by force, or right. The
Americans refused this proposition.
47. Q. What became of the articles on impressments,,
blockades and indemnity?
Ans. They were rejected at once by the British, but Eng-
INTERNATIONAL LAW.
land abandoned their claim to the Indians, boundaries, and
uti -possidetis. They asked for the free navigation of the
Mississippi.
4-8. Q. What are the most important stipulations in the
treaty, and when signed?
Ans. (1) Hostilities should cease, and the territory oc¬
cupied was to be restored as it was before the war.
(2) A commission should be appointed for the purpose of
fixing the northern boundary of the United States.
(3) Efforts should be joined to suppress the slave trade.
(4) Both were to try to pacify the Indians.
This treaty was signed December 24th, 1814.
49. Q. For what purpose was treaty of 1815 to 1818 be¬
tween Great Britain and the United States made ?
Ans. To establish reciprocal liberties of commerce be¬
tween the United States and the British territory in Europe.
It also abolished discriminating duties and charges.
50. Q. What arrangement took place between the United
States and Great Britain in 1817 ?
Ans. This was an agreement made limiting the naval
forces of both nations on the Great Lakes.
51. Q. What was the general outcome and substance of
the arrangement?
Ans. Each -nation should have but one war vessel on
Lake Ontario, and each two,' on the upper Lakes, and one on
Lake Champlain.
52. Q. What were to be the armament and burden of the
vessels ?
Ans. One gun, and one hundred tons burden.
53. Q. What were the causes of such hot controversy be¬
tween Great Britain and the United States from 1815 to
1818 ?
Ans. The slaves carried away by the British, and also
blockades and fisheries.
77'
54. Q. What happened in May in 1818 relative to a
treaty ?
Ans. Rush and Gallatin were appointed by the United
States, and Robertson and Goldburn by the British to ne¬
gotiate a treaty.
55. Q. What were the instructions given to the American
Commission ?
Ans. (1) To extend the treaty of 1815 eight or ten years.
(2) To seek freer trade with the British colonies. (3) In¬
demnity for slaves carried away. (4) The 49th parallel for
our Western boundary and a recognition of our title to a prior-
settlement at the mouth of the Columbia River. (5) An ad¬
justment of the fishery question. (6) Not to mention the
subject of impressment, blockades, or contrabands, unless the
English asked it.
56. Q. What were the three important points accom¬
plished by the commissioners in this treaty ?
Ans. (1) The treaty of 1815 was extended ten years.
(2) Indemnity for slaves referred to some friendly sovereign.
The Emperor of Russia was chosen, and in 1826 he awarded
the United States over one million dollars.
(3) The 49th parallel was secured as far as the Rocky
Mountains.
57. Q. When was Florida ceded to the United States?
Ans. February 22d, 1819, by the Spanish treaty. See:
Foreign Relations, Yols. II and IV.
Adams' Jefferson Administration, Vols II and III.
58. Q. What were the chief points in this treaty?
Ans. (1) ALL Spanish territory between the Mississippi
and the Atlantic, including both Floridas, was ceded to the
United States.
(2) West of the Mississippi River, the boundary line ran
up the Sabine River to latitude 32 degrees, then to Red
River, west of the Red River to 100 parallel merid'an west of
78
INTFRNATIONAL LAW
Greenwich. Then north of the Arkansas River, then up the
river to latitude 42, the southern line of Iowa then on parallel
42 to the Pacific Ocean.
59. Q. The fisheries being the most difficult question that
ever arose between the United 'States and Great Britain, what
was the outcome relative to the fisheries in these negotiations?
Ans. It "was agreed that the people of the United States
should enjoy, unmolested, the right to take fish of every kind
on the Canadian Banks, and also in the Gulf of St. Lawrence
and in the sea, where both countries had been accustomed
heretofore to fish. And also that the inhabitants of the United
States should have liberty to take fish of every kind on the
coast of Newfoundland; but'not to dry nor cure on the island,
and also in the Bays and Creeks.
GO. Q". Did the war of 1812 have any effect upon these
privileges ?
Ans. Yes; all privileges prior to the war were abridged,
and we were given the privilege of entering for four pur¬
poses, viz: Shelter, wood, water and repairs; but for no other
purpose whatsoever.
Gl. Q. When was the Webster-Ashburton treaty made
with Great Britain?
Ans. In 1842; Webster for the United States, and Ash-
burton for England.
62. Q. What are the principle points in the treaty?
Ans. (1) The northeastern boundary line- was drawn
from Lake Huron to Lake of the Woods. (2) The navigation
of the St. Johns was secured. (3) The lumbermen could
float their logs down the river with duty. All the channels of
the Detroit Eiver were declared to be free to both parties.
(4) Separate, but co-operating squadrons to be stationed
on the coast of Africa to prevent slave trade. (5) Extradi¬
tion for murder, assault to commit murder, piracy, arson,
robbery and forgery.
INTERNATIONAL LAW. 7!)
See: Webster's Works, Vol. V, P. 78.
See: Webster's Works, Vol. VI.
63. Q. What were the four claims to territory in the
Oregon treaty ?
Ans. (1) Spain claimed the Pacific coast to 54 degrees, 40
.minutes, because of Balboa's discovery, and her navigators ex¬
plored the coast, but did not settle above 42 degrees.
(2) Russia claimed down to 51 degrees.
(3) England presented two grounds of claim: (a) By the
discovery of Drake in 1579, and (b) by occupation of terri¬
tory by the Hudson- Company.
(4) At different times the United States claimed up to
49 degrees, 51 minutes, and 54 degrees, 40 minutes, through
the discovery of the Columbia river by Captain Gray in 1792,
and the exploration by Lewis Clark in 1804.
64. Q. What were the three points in the treaty?
(1) The boundary was chosen at 49 degrees. (2) Free
navigation from the British territory down to the sea by the
Columbia river. (3) The adjustment, of certain property
rights of the Hudson Bay Company. The United States
bought out the company. Authorities, see; Barrow's Oregon;
H. H. Bancroft's North West Coast; Schouler, vol. iv.
THE TREATY WITH MEXICO.
See: Yon Hoist's History, Yol. II, and Ripley's History of
the War with Mexico.
65. Q. What are the principal points in the Treaty with
Mexico ?
Ans. (J) Mexico abandoned her claim to Texas. (2) Fix¬
ing the boundary up the Rio Grande to the south line of
Mexico; on that to the west line of New Mexico; up the
west side of the river Gila, down that to the Colorado; thence
to the Pacific coast, adding 545,783 square miles to our terri¬
tory. (3) We paid Mexico $15,000,000 and $13,250;000 for
• claims of American citizens against Mexico.
8U
INTERNATIONAL LAW.
THE PURCHASE OF ALASKA.
See: H. H. Bancroft's Alaska; Sumner's Speeches, Vol.
XI.; Foreign Relations of 1890-92.
66. Q. What did the United States pay Russia for Alaska ?
Ans. $7,200,000. The $7,000,000 for the territory, and
the $200,000 for the extinction of all monopolies; there be¬
ing several fur and ice companies on our soil, and we did not
want them.
THE ALABAMA TREATY.
G7. Q. What is meant by the Alabama Treaty ?
Ans. Claims against England for damages done to our
vessels by ships fitted out by her during the Civil War; viz.,.
Alabama and Natchez.
68. Q. In what year and what manner was this treaty
perfected?
Ans. It was in 1871 by a commission consisting of five
Americans and five Englishmen.
G9. Q. How many points were taken up in this treaty?
Ans. Five; viz., (1) The Alabama claims; (2) other
claims; (3) The fishery question; (4) question of rivers, the
St. Lawrence and Lake Michigan; (5) San Juan boundary
question.
70. Q. What were the names of the commissioners?
Ans. For England: Earl de Gray Rippenham, Sir Stafford'
Northcote, Sir John Macdonald, and some others. For Amer¬
ica: Hamilton Fish, Gen. Schenck, Justice Nelson, Attorney
General Hoar and Attorney General Williams. Bancroft
Davis was Secretary.
71. Q. For what did the treaty provide?
Ans. That an international tribunal made up of one dele¬
gate from Great Britain, Lord Cockburn, Charles Francis
Adams from the United States, Sclopis from Italy, Staempfli
from Switzerland, and Yisconrpte dTtajnba from Brazil.
72. Q. What great questions presented themselves to the
INTERNATIONAL L^W.
81'
tribunal to govern the decision of the case ?
Ans. It was under the principles of neutrality that Eng¬
land consented to be tried; viz., the three rules of neutrality.
(1) That neutral nations must use due diligence to prevent
fitting out, arming or equipping any vessel for war against
another country by belligerents; (2) ports of neutrals must
not be used as bases of supplies and operations by belligerents;
(3) other rules must.not be made and officers appointed to
prevent the violation of these rules and duties.
The tribunal decided in favor of the United States i to 1,
and awarded her $15,000,000.
B EH RING SEA QUESTION.
73. Qv After the; purchase of Alaska in 1867, what did the
United States Government do?
Ans. It passed laws to govern this territory; one of the
sections forbade the killing of any fur-bearing animal in the
domains of Alaska or the waters thereof.
74. Qi What troubles arose in the Cleveland Administra¬
tion ?
Ans. We began to seize vessels under Section 1956 of the
Revised Statutes.
75. Q. What was the British complaint ?
Ans. That we had no right to touch her vessels more than,
three miles from shore.
Russia did not give us the right to fish in the Pacific; we
had the right, after buying Alaska to exclude the English; we
also argued that the seals were property, domestic animals..
They would breed on the Pribilof Islands and as soon as their
young were old enough they would go down into the oceanr
and on certain days they would always return.
76. Q. What was the outcome of this long controversy?
Ans. It was decided to leave it to arbitration. There were
two United States Judges, two English Judges, and one Arbi-
82 INT-BRNATIONAL LAW. __ —
trator, each from Italy, Sweden, and Prance. They met in
1893 in Paris.
77. Q. What were two points sent to this tribunal to
be passed upon ?
78. Q. (1) Did Russia ever assert her right in the Behring
sea prior to the purchase of Alaska by the United States?
(2) Were these claims of jurisdiction as to the seal fisheries
recognized and conceded by Great Britain?
Ans. It was held that Great Britain had recognized the
exclusive rights of Russia.
79. Q. Is the body of water known as the Behring sea
included in the Pacific ocean in the treaty between Great Bri¬
tain and Eussia ?
Ans. The tribunal said yes, and it was also found that
Eussia had no exclusive rights in the Behring sea after the
treaty of 1825.
80. Q.' How far had the rights of Eussia passed to the
United States by the treaty of 1867 ?
Ans. It was held that all of Bussia's rights had passed
as a matter of fact.
81. Q. AVhat. right if any, had the United States to pro¬
tect the property in fur seal beyond the ordinary three-mil
limit ?
Ans. The whole tribunal with exception of the two Ameri¬
cans thought that the United States had no right to protect
seal outside the three-mile limit.
82. Q. What was the further finding of the Court?
Ans. Inasmuch as the United States had no right to
capture the English vessels some settlement for damages should
be made. Canada had claim for fifteen vessels. These claims
were presented to Secretary Gresliam, and he offered to settle
for $425,000, but the Senate thought it too much, and refused
to carry out the terms of this treaty. But a treaty was made
and the claims were adjusted in 1898.
INTERNATIONAL LAW.
83
CHAPTER I.
PRIVATE INTERNATIONAL LAW.
1. 0. (a) What is private international law? (b) give-
examples.
Ans. That branch of international jurisprudence which
relates to the adjudication of the rights of foreign individuals
or their property, (b) John Doe and Richard Roe go into
court and ask that their rights be adjudicated concerning a
contract made in Illinois, to be performed in Illinois, and
violated in Illinois. You would apply to the Illinois courts
of law to determine the rights. If John Smith buy a ticket
in Chicago for Springfield and is injured on the railroad and
bring a suit for damages, the laws of Illinois determine his
rights.
In the case of Hilman v. Guihu, 159 LT. S., 163, Justice
Gray in delivering tlie opinion for the majority of the" Su¬
preme Bench, said that "private International law concerns-
it self with the rights of persons within a territory and do¬
minion of one nation by reason of acts, private or public, done
within the domain of other States." (See "Wharton on Pri¬
vate International Law; Justice Story on Conflict of Laws,
Annotated by Dr. Bigelow.)
2. Q. Is' there a judicial comity, if so, define it ? ■
Ans. (a) Yes. (b) The courtesy exhibited by different
judicial jurisdictions each for the other. Some learned
judges say that comity of private international law rests upon
the consideration of public reciprocity.
3. Q. What is domicile?
84
international I aw.
Any. It is a legal word devised for the purpose of deter¬
mining what law shall govern the status of 3, party. It in ay
be called a legal concept invoked for the purpose of regulat¬
ing the rights of the parties.
4. Q. What is meant by personal status?
Ans. The civil relation in which the person stands toward
the community.
5. Q. What is the difference between domicile and citi¬
zenship ?
Ans. (a) Citizenship can not be cast off or abandoned,
and at no time can citizenship be assumed without the consent
of the sovereignty to whose citizenship the party aspires, (b)
Domicile of residence is a matter of choice of the particular
person, as one may domicile in one country and be a citizen
in another. To illustrate: John Doe was born in New York
prior to the Revolution and was a Tory and sympathizer, and'
owed allegiance to the Crown, and was a British subject. He
sailed to England after the outbreak of the Revolution and
remained there eight years.
G. Q. Where was he domiciled, in New York or Great
Britain ?
Ans. The court held that his citizenship and allegiance
might be in England, but his domicile is in Xew York.
7. Q. Hay all persons change their domicile?
Ans. Yes; but to effect such a change there must he a
concurrence" of intentions and of fact.
8. Q. What are the elements of intention ?
Ans. (1) Capacity to choose ; (2) freedom to choose ; (3)
actual choice.
9. Q. What is the effect upon domicile if a person is sen¬
tenced to prison for life?
Ans. It is a difficult matter to see how when a person is
given a place against his will that that place can he called the
place of domicile. That is to say, if a man is domidl <] j1)4
INTERNATIONAL LAW.
85
Pennsylvania and is sent to New York prison, his personal
property would be distributed according to the law£ of New
York. The authorities say that the sentence destroyed the
previous domicile.
10. Q. What says the law as to domicile?
Ans. It is prima facie; the place where a person is born
is the domicile of his origin. But suppose you find a person
•dead on the street and you know nothing ot' his origin, then
he is domiciled in the jurisdiction where he is found.'
11. Q. Under the head of domicile, I will ask who are
natural persons?
Ans. They are either citizens, subjects or aliens.
12. Q. Who is a subject?
Ans. One who is born within the dominion of the Crown
of England or within the allegiance of the King. I Black-
stone Com., P. 367.
13. Q. What of a child born within the kingdom of an
invader ?
Ans. Pie is an alien, because he is not under the protection
of the King. Calvin's case, 7 Coke Report, P. 18.
11. Q. Who is an invader?
Ans. One who makes lawful war and holds no allegiance
to the king, nor to the government against which he makes
war.
15. Q. What are the children of the King's embassador,
born abroad ?
Ans. They are subjects, because the embassador represents
the king. A sovereign always carries exterritoriality with
him.
16. Q. Suppose a crime was committed within the dwell¬
ing of the British embassy at Washington. What courts
would have jurisdiction?
Ans. The English courts, because of the exterritorial
rights.
8(> international law^ —
17. Q. Who is a denizen?
Ans. An alien born, but who has received as a matter of
grace from the C rown, letters patent to make him an English
subject. He may take lands by purchase or devise, but can
not take by inheritance.
18. Q. What does the Fourteenth Amendment to the Con¬
stitution of the United States, Section 1, say as to citizenship?
Ans. All persons born or naturalized in the United States
and subjected to the jurisdiction thereof, are citizens of the
United States and of the State in which they reside; but a
citizen of a Territory has only citizenship in the United
States, whereas a citizen of a State possesses a double citizen¬
ship, that of his own State and of the United States. (92 U.
S. 542; 6 Peters, P. 761.)
19. Q. Who is an alien enemy in fact ?
Ans. He is one who owes allegiance to an adverse sove¬
reign; formerly alien enemies were treated as prisoners of
war, but now he is required to leave the country within a cer¬
tain time.
20. Q. What else is characteristic of an alien enemy?
Ans. When he comes here from abroad lie appeals to our
courts for protection.
21. Q. What of the age of majority in different countries?
Ans. (1) It is twenty-one years in England, United
States, France, Italy and Russia. (2) It is twenty-three years
in Holland, twenty-four years in Austria and Prussia, and
twenty-five in Wurtemberg, Denmark, Spain, Portugal, Mexi¬
co and Xorway.
22. Q. Suppose an Austrian should come over here and
borrow money or get goods, and then plead that by the laws
of his country that he is an infant and can not contract. How
would that stand?
: Ans. It was decided by eminent jurists that the law of
personal status of the individual does not affect the validity
INTERNATIONAL LAW.
87
of his contract, and that the contract depends upon the law
of the country where made.
LEGITIMACY.
23. Q. What children are legitimate?
Ans. Those born in lawful wedlock.
24. Q. What was the law of Continental Europe relative
to illegitimate issue ?
Ans. An issue is made legitimate by the subsequent mar¬
riage of the parents; but by the common law of England
and of this country, the marriage of parents does not legiti¬
matize issues previously born.
Mr. Westlake says, that an illegitimate is not legitimated
by the subsequent marriage of its parents, unless the law of
the father's domicile at the time of the marriage works such
legitimation.
25. Q. How is the law in this country?
Ans. The question is not settled. The Supreme Court of
Alabama has held that the law of the father's domicile con¬
trols. Lingen vs. Lingen, 45 Alabama.
The duty to support children, whether legitimate or illegiti¬
mate, rests in the local law.
26. Q. If a man begat a woman with child in one State,
and she and- her child are found in another State, and t'he
putative father is also there found, could he be prosecuted ?
Ans. Yes; he could be proceeded against under the bas¬
tardy acts, which are statutes to compel him to support his off¬
spring.
IjSTTEK,¥ATIOXAL INFAMY.
27. Q. Some European countries' laws declare persons in¬
famous or attainted. What is the effect of such a proceed¬
ing with us ?
Ans. We would not recognize it.
88
INTRANATIONAL LAW.
28. Q. Is the status of slavery which is determined by the
Jaw of domicile ubiquitous?
Ans. No; because a man is a slave in the country of his
domicile, it does not follow that that status must be recognized
by any other sovereign. U. S. District Court, 499.
29. Q. What authority has a foreign guardian over his
ward's person or property?
Ans. By the law of England and this country, a guardian
appointed by the courts of one State has no authority over
the ward's person or property in another, except so far as
allowed by the comity of that State. Justice Gray spoke for
the Supreme Bench of the United States.
30. Q. By the law of what place -is a guardian held re¬
sponsible for his ward's property ?
Ans. By the law of the ward's domicile. Barr's Private
Inter. Law, 438; Wharton Section, 259; 125 Mass., 374.
THE STATUS OF MARRIAGE.
31. Q. Will the common law phrase hold good, viz.: A
marriage valid where celebrated is valid everywhere ?
Ans. No; because a marriage was solemnized in Illinois
between two parties competent to contract in Illinois, but
who were domiciled in the Kingdom of Wurtemberg, and ac¬
cording to those laws the}' were not competent when they re¬
turned to Wurtemberg. the court decreed that the marriage
was invalid. This decision was afterwards sanctioned by the
Supreme Court of Illinois. Roth vs. Roth, 104 111., P. 35.
32. Q. What are the three theories as to the law which
shall determine matrimonial capacity?
Ans. (1) That it shall be governed by the law of the place
where the marriage is solemnized. This is American doctrine.
(2) The marriage capacity shall be governed by the law of
domicile;-capacity to contract marriage depends on the age
and consent of the parties. (3) Matrimonial capacity is a
matter of distinctive national policy as to which judges are
89
obliged to enforce the views of the State of which they are
officers. Our country will recognize and encourage matri¬
mony when it possesses the essential features of a Christian
marriage. So, if a marriage is void where solemnized it has
no validity anywhere.
33. Q. May a State prohibit marriage between different
classes of persons from motives of public policy?
Ans. Yes; these persons wish to marry, so they go over
into another jurisdiction and are married and then come back.
According to the law of the place where it was solemnized,
they are legally married. If they had remained there it
would have been legally recognized. But they came to this
■country, and here the marriage is held illegal. Authorities
upon this question are not at all agreed. 5 Iredell, 538; 76
JST. C., 251; 39 Ga., 321; 10 La. Ann., 441.
34. Q. Suppose citizens of the United States are abroad
and desire to contract a marriage before returning; can they
legally marry; if so, in what manner ?
Ans. Yes; but they must go before the Consul of the
United States or embassy. The marriage then will have the
same force and effect as if solemnized within the United
States. Sec. 4082, page 792, Revised Statutes of the U. Sv
1873-74.
35. Q. What of granting divorces?
Ans. That matter rests with the several States by statute.
It can be done by legislative acts or judicial proceedings. It
is a civil status established by the State. What the State can
•create, it can destroy.
INTERNATIONAL LAW.
The student of Private International Law will observe why
the author dealt so sparingly with the subject. Actual prac¬
tice and observation are the only means b}r which so intricate-
a subject can be understood.