Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-05-16
charging, and repairing vessels, such as
quays, wharfs, and docks.
THE STATE AND IT'S SUBJECTS.


abroad and naturalized citizens. The def
milton of citizenship. however, is left 70
municipal law, which international law
recognizes, but, OF course. does not control
The rights of aliens resident in q foreign
State are regulated by municipal law, ana
international law - not concerned, save
when those coded rights are violated. In
former times several States had system
Of escheatage. under which foreigners were
excluded from all rights of inheritance,
and there was also existing in several States
q law by which the property of foreigner
who died IN the country was confiscated 70
the use OF the State. but now on genera
agreement, on the death OF an alien, the
Consul OF his country takes charge OF his Ell
fects in default Of legal representatives,
and where there is no counsel the ON
Gals of the State assume the care OF his
property and deliver II 10 his legal repre-
sentatives. The State has no right 10 COM
pei an alien TO render civil or military ser
vice, nor has II a right to punish an alien
for any crime committed IN a foreign
country. As bearing ON the New Orleans
case, 1t Is interesting 10 know that, accord
ing TO a very high authority, - q state Is
not responsible to foreign States for the
acts Of, on the offences committed by us
subjects at home or abroad, provided 1t
has taken every legal means for REFRESHING
and punIshing such offenders, and has
taken measures, as far as 1t IS in its power
TO prevent its recurrence The CORE
spondence between Mr.. Blaine and Minis
ter Fava shows that he mas taken every
legal means in his power TO redress what
ever wrong may have been committed. and
the Italian Government can ask no more.
STATES OBLIGATIONS.
Any State may admit, or refuse 10 admit
auV foraiouqrs lint having admitted him,
owes him the same security and protection
extended TO its own citizens, and no more
Over his person and property 1t exercises
exclusive jurisdiction in all matters regu-
lated by municipal law, and he Is subject
to its law. If he commits O crime no ~
amenable TO the law of the country IN
which the crime is committed; if he has
dispute with another alien, both must sell
tie it IN the local courts of justice. 10
this last provision, however. there are eX-
ceptions, for when there is q general lack OF
confidence in the courts. aliens are, bv
special treaty stipulations, allowed to settle
their differences in their consular courts.
Such IS the case in Turkey, Egypt, China
and Japan. While no State can, by legal
enactment. affect persons or property out;
side its own jurisdiction. 1t has right ana
also duty 10 protect its own subjects
abroad. and TO see that, in both civil and
criminal cases, the usual means OF redress
are open TO them. A State has no right to
become a source Of danger to other States
by permitting residents, whether subjects
or aliens, TO organize plots or conspracles
against foreign States: and the alien for-
feits his right to protection when convicted
Of such crimes. A political refugee Is every
where granted an asylum, but when be
abuses the privilege by cOnspirlng against
friendly Power. no State can, without a
violation of friendship, permit him TO go
UNPUBLISHED. Even the beginning Of con-
spiracy must, under the rigid interpreta-
tiOn of the general agreement, receive AT,
tentiOn: the publication OF speeches and
papers melting TO outrage and murder
must not be permitted; any schemes Tor
the destruction of life and property by
means of explosives or combustibles must
be prevented: cases in point have re-
peatedly occurred both in tins
country and in Europe where dyna--
mitards and conspirators against
the life OF the Gar have been detected and
punished by the courts of friendly Powers.
Nor can a State be allowed to become
source of danger TO its neighbOrs by allow
ing its own authority 90 fall INTO contempt;
for if 1t fail to suppress sedltlon and lnsur,
rection within its own borders and so fall
into anarchy It's neighbors may for their
own sake take charge OF It's affairs, and, so
to speak, wind up the estate.
FISHERY TREATIES.
The sea is free 10 the ships Of every ma
ton. and no territorial jurisdiction can be
claimed by any Power outside of the three
mile zone. Every nation has the right to
fish on the high seas, but as fishing Il gene
rally confined 20 shallow waters which are
under the jurisdiction Of some Power a
number Of treaty stipulations have defined
the respective rights of the fishermen OF
different natiOnalitIes. IL 10 agreed 10y
all that States have the exclusive
right to fish within the marine
mile, and by special treaty may &C
auire q right to FISH within the u
risdiction Of other States. For III
stance, there is a special treaty between
Great Britain and France, by the terms of
which French fishermen are allowed u
fish on the Newfoundland banks. and the
English on a portion Of the French coast,
but the limits of the fshing-grounds set
apart for the fisheries Of the two countries
are carefully defined, and tishing-boat4
may not 90 beyond the appointed bounds,
save when driven by stress OF weather or
when carried by wind or tide. Each may
pass through the fshing-grounds of the
other. when it Is necessary to do so IN
order 20 reach their own, but may not stop
to fish. By a similar treaty American
fshing-boats are allowed 10 fire.
ouent certain parts Of Newfoundland and
Labrador coast, and by special arran. 2
ments with the inhabitants fishermen may
90 on shore and dry and prepare their hsh
for market. They are also allowed TO land
at certain ports, known as treaty ports, IuI
the purpose of obtaining wood, water 81
other supplies. Of repairing their vessels oI
procuring articles necessary for use on
board their ships, but are not allowed TO sell
the fish or enlist seamen. The treaty stpu-
lations with regard TO the fisheries are So
exceedingly precise as TO cover the whole
ground, and yet in spite OF this fact
the constant infractions of their pro-
visions by the fishermen OF each nation
have more than once almost brought about
an open rupture between the two Govern
ments. Treaties and international law,
therefore, do not always secure peaceablt
possession or undisturbed right. as witness
the Berlng Sea controversy now going on
between this country and Great Britain.
MISCELLANEOUS PROVISIONS.
The scope of international law, a, illus
trated in treaty stipulation, is infinitely
wide and covers, IN one way or another
every possible point Of contact between
the leading nations of the earth. There
are treaty articles relative TO the equality
u
them: concerning the appointment and
reception of diplomatic and consular
agents concerning the slave trade, which
il was unanimously agreed should be sup
pressed; concerning the exchange OF
letters and kilograms, and the PRIV,
leges that should be accorded TO mail
packets: concerning international tele-
graphs and cables, money orders and sys-
TENS of transporting and forwarding goods
and freight. There are provisions cover
ing patents. concerning literature and art ;
clauses concerning the liability of JOINT
stock companies: concerning the granting
of judicial assistance 10 aliens; clauses
providing that criminals shall be sent home
for trial: clauses providing that friendly
Government shall forward 10 each other
notice of the conviction of aliens for crime ;
clauses regulating the status of the marriage
ceremony and providing that a marriage
valid in one country shall be re-
Dected IN another: property clauses, sue
cession clauses, clauses settling the terms
and defining the limits Of neutrality. A
very important branch OF the subleel u
that relating TO the means for avoiding
war. States may always submit their dil-
ferences TO arbitration, nor IS II deemed q
breach of international etiquette for a
Power to offer its services as arpl-
traitor. Several difficulties which might
have resulted seriously have thus been pre-
vented, THE most notable instant beng
the arbitration of the Alabama claims.
II is not probable that any amount OF IN
ternational law or any number OF treaties
will put an end TO war. A recent frehcn
writer has said "as long as there are two
md