The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-05-03

aoandonment, gives no right OF property,
a question which has been decided by
several European Powers with reference
10 territory III both America and Africa.
The sovereignty of State covers its own
possessions, both land and water. and tho
natural increment of the land rs far as it
can be defended from the land or as far as
the flight of cannon shot.
The right of State TO its waters covers
all the waters within its boundaries, but
III case of river flowing between two
States the right to use it for purposes of
navigation Is common to both, and when
a river flows in its course entirely within
the jurisdiction of several States, each
formerly regulated for itself the condi-
tons under which the vessels of other
nations were allowed to pass. Such mat
tiers are generally made the subjects of
special treaty stipulation, and hence the
lnnumerable treaties concerning the
Rhine. The Congress of Vienna set the
matter OF river navigation at rest by the
general agreement that when a river
flowed through several States its waters
should be free from source to mouth.
The territorial jurisdiction of State is
also, by the law of nations, conceded to
extend over all land-locked seas, over
ports and harborS, whether closed or
open, over mouths OF rivers, over the
parts OF sea within a marine league from
shore, measured at low water mark, and
Il
plies also the right to provide facilities
for loading, discharging and repairing
vessels, such as quays, wharts and docks.
THE STATE AND ITS SUBJECTS.
In the widest sense the subjects of
State are all residents, native or foreign,
whether domlciled or not; but more re-
stricted use of the term regards as the
subjects of State all persons born in the
country, including the children of aliens,
horn on a,lS Nf
within the army lines, in the homes of
Its foreign Ministers abroad and natural
lied citizens. The definition of citizen
ship, however, is left to municipal law,
which international law recognizes, but, of
course, does not control. The rights of
aliens resident in 3 foreign State are regu-
lated by municipal law, and international
law IS not concerned, save when those
coded rights are violated. In former
times several States had u system OF es-
cheatage, under which foreigners were
excluded from all rights of inheritance,
and there was also existing in several
States a law by which the property of q
foreigner who died in the country was
conhScated to the use OF the State; but
now on general agreement, on the death
Of an alien, the Consul of his country
takes charge of his effects in default of
legal representatives, and where there is
no Consul the officials Of the State as
sumo the care of his property and deliver
it TO his legal representatives. The State
has no right TO compel an alien to render
civil or military service, nor has it right
TO punish an alien for any crime commit
ted In foreign country. AS bearing on
the New Orleans case, it is interesting to
know that. according to a vey high au-
thority, "a State is not responsible to for
eign States for the acts of, or the offenses
committed by, its subjects at home or
abroad, provided it has taken every legal
means for depressing and Furnishing such
offenders, and has taken measures, as far
as it is i'll its power, to prevent its recur-
renee" The correspondence between
Mr.. Blaine and Minister Fava shows that
he has taken every legal means in his
power to redress whatever wrong may
have been committed, and the Italian
Government can ask no more.
A STATES OBLIGATION.
Any State may admit, or refuse to adj
mt, any foreigner; but, having admitted
him, owes him the same security and pro-
lection extended to its own citizens, and
no more, Over his person and property
it exercises exclusive jurisdiction in all
matters regulated by municipal law, and
he is subject to it's law. If he commits a
crime he is amenable to the law of the
country in which the crime is commit
ted: II he has dispute with another alien
both must settle it in the local courts of
justice. To this last provision, however,
there are exceptions, for when there IS q
general lack OF confidence in the courts
aliens are, by special treaty stipulation,
allowed to settle their differences in their
consular courts. Such is the case in Tur-
key, Egypt, China and Japan. While no
State can, by legal enactment, affect per-
sons or property outside its own juriSdic-
ton, it has right and also duty to pro-
tect its own subjects abroad and to see
n ci vii nd nriY oil Yh,,
usual means of redress are open to them.
A State has no right to become source of
danger to other States by permitting res
idents, whether subjects or aliens, TO or
ganiZe plots or conspiracies against for
eign States; and the alien fOrfeits his
right to protection when convicted of
such crimes. A political refugee is ey-
erywhere granted an asylum, but when
he abuses the privilege by conspiring
against friendly Power, no State can,
without violation of friendship, permit
him to go UNPUBLISHED. Even the begin
nings OF conspiracy must, under the rigid
Interpretation of the general agreement,
receive attention; the publication of
speeches and papers melting to outrage
and murder must not be permitted: any
schemes for the destruction of life and
property by means of explosives or COM
bustibles must be prevented; cases in
point have repeatedly occurred, both in
y
miterS and conSpirators against the life of
the Gar have been detected and pun
lShed by the courts of friendly Powers.
Nor can State be allowed to become n
source of danger to its neighbors by al
lowing its own authority to fall into con-
tempt: for if it fail to suppress sedition
and instruction within its own borders
and SO fall into anarchy, its neighbors
may, for their own sake, take charge of
its affairs, and, so to speak. wind up the
estate.
FISHERY TREATIES.
The sea is free to 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 fish
ing is generally confined to shallow wa
tiers which are under the jurisdiction Of
some Power, a number of treaty stipula-
lions have defined the respective rights of
the fishermen of different nationalities.
1t is agreed by all that States have the ex-
elusive right to fish within the marine
mile, and by special treaty may acquire q
right to fish within the jurisdiction of
other States. For instance, there is a
special treaty between Great Britain and
France, by the terms of which French
fishermen are allowed to fish on the New
foundland banks, and the English on a
portion OF the French coast, but the linn
its Of the fishing grounds set apart for the
fisheries of the two countries are carefully
defined, and fishing boats may not GO
beyond the appointed bounds, save when
driven by stress of weather, or when car
ried by wind or tide. Each may pass
through the fishing grounds of the other,
when it is necessary to do SO III order to
reach their own, but may not stop to fish.
By similar treaty American fishing
boats are allowed to frequent certain parts
of Newfoundland and the Labrador Coast,
and by special arrangement with the in
habitants fishermen may go on shore and
dry and rNranara ESb FN,.