The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-20

| though she admits that the Constitution
does not contemplate that controversies
between members of the United States
| may be settled by reprisal or force Of
arms, and that TO secure the orderly ad-
Justnent of such differences. power was
lodged in this court to hear and deter
mine them. The rule of decision. how
ever. it is commended is the rule which
controls Foreign and independent States
/ in their relations 70 each other; that by
! the law of nations the primary aud alb
solute right of a State Is self-preserva-
ton; that the Improvement Of her rev.
enues. arts, agricultural and commerce
are incontrovertible rights OF sovereign
~: that she has the dominion over all
things within her territory. including all
bodies of waters. standing or running.
within her boundary lines; that the moral
obligations Of a State 10 observe the
+ cemauds of comfy cannot be made the
! subject Of controversy between States;
and thai only those controversies are
;ustlciable in the court which, prior to
the Union. would have been just cause
for reprisal by the complaining State.
and that, according to international law.
reirisal can only be made when positive
/ wrong has been inflicted on rights strict
juris withheld
But when one OF our States complains
OF the inhiction OF such wrong or the
deprivation of such rights by another
state. how shall the existence Of cause
of complaint be ascertained. and be ac-
comodated If we'll founded? The States
Of this Union cannot make war upon
each other They cannot grant letters
II marque and reprisaL" They cannot
make reprisal on each other by embargo
They cannot enter upon diplomatic re-
lations and make treaties.
As. Mr. Justice Baldwin remarked IN
Rhode Island =. Massa chusetts- Bound
hand and foot by the prohibitions Of the
Constitution. O complaining State can
neither treat. agree. or 6ght with its
adversary. without the consent Of Con-
gress. a resort 70 the judicial power is
the only means left for legally adjusting.
or. persuadinz State which has posses
sion Of disputed territory. 70 enter into an
agreement or compact relating TO a con-
troverter boundary. Few. IL any. viii be
made. when II is left 10 pleasure OF
State ia possession, but whea it Is known
that some tribunal can decide on the
right it Is almost probable that controv-
ersies VIII De settled ny compact" =
Pet rs
War said Sir Justice Johnson. lis
SUIT prosecuted hy rhe sword; and
where the question 70 be decided l. one
~ origin4l cislm 70 TERRITORY. grants Of
soil may D. made haSrante belio 5y ire
party that fails can only derive validity
from treaty stipulatiaus- u Wheat 5ss
The pubHcsts suggest as sust causes
90 war defense recovery ~ ones own,
and punishment ~ aa enemy. Bgt IS
between states ~ thss Union. who can
Determine what wouid Dc just cause
of war
Commsrce demanded shat nsvieatse
rivers should be free ard therefore - the
Mississippi the Raiue. t-e Scheldr- the
Danube the ST Lawrence. The Arnaz8H.
ana other rivers has hsen " dsIere1i
times secured oE sr-ats. but y state
u this Union depriYes anoth-r STATE -
Us rishts in rsgIeahIe stream and Con-
sress has ROT regulated the sleiect IS
Eco treaty -can o. INSIDE bets=-n tAeu.
haR Is The matter 81 - adjusted
Applying ihe principals settled 81 Er=-
vsosss r-sss We have - special aiEicuify
N5th tha A4se question ~herh-r fscts
rliehf exist ehlch weal3 justify oar ln-
isrfoSitiar while tAe m4HTfest lnraF-
tanee or tha case ana the necsitT =
ire ascertairus-t ~ sae facts before
h- protosi-ie1s ~ fs~ car bt sstisf4e-
roriIs deal. viih sead us 90 tise eoaclu-
son mar sha cause should e. % ISSUE
and proofs before anal decision
The pursuit - tts cos-ss. or occasion.
a ~a-