The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-24
NEW BILL OF RIGHTS IS OFFERED TO
WORLD BY AMERICAN DIPLOMATS
Continued from First Page.

articles, together with the commentary
thereon. 10 BE- known as the Declaration
Of the Rights Of Nations.
Il. Every nation has the right 10
exist and to protect and 10 conserve ito
existence. but this right neither implies
the right nor ~justifies the act OF the
State to protect itself or to conserve it's
existence by the commission of unlawful
acts against innocent and unoffending
States.
"Thts right Is and Is to he understood
in the sense In which the right to life
Ia understood In national law, accord
ing to which II II unlawful for a human
being TO take human life unless II be
necessary no to do In self-defence against
an unla wful attack threatening the life
OF the party unla~fully attacked.
chinese Exclusion Case.
ported in 100 Y. =. Reports. PIP. 59I-SOs)
decided by the supreme Court Of the
United States In 1883 II wa said that
ITO preserve it, Independence and
give security against foreign aggression
and encroschment is the highest duty of
every nation. and to attain these ends
nearly all other considerations are to be
sub~ordinated. II matters not In what
form such aggression and e"ncroachnent
come. whether from the foreign nation
acting In its national character or from
vast hordes OF it's people crowding in
upon us. The Government. possessing
the powers which are TO I've exercised
for protection and security. Is clothed
with authority TO determine the occasion
on which the powers snail be called
forth and It's determination 70 far as
the SUBJECTS affected are concerned Is
necessarily conclusive upon all its de-
partments and officers
The right of "a state to exist and TO
protect and to conserve iiS existence ~
to be understood Ia the sense in which
the right of an individual TO his life was
defined. interpreted and applied In terms
applicable alike to nations and individ-
usis In the we'll known English case OF
Regina vs.. Dudley reported in 10 Cox's
Criminal Cases. y. 624 - Queens Bench
Division. n. 273) decided by the Queens
Bench Division of the High Courf OF
Justice In 1854. to the effect that II was
unla wful for shipwrecked sailors to take
the life OF one of their number In order
10 preserve their own Ives. because 1t
was unlawful according TO the common
law of England for an English subject
to take human life unless 10 defend him-
self against An unlawful attack OF the
asssilspt threatening the life OF the party
unlawfLlly attacked.
Right TO
"c. Every nation has the right to in
dependence in the sense that II has "a
right TO the pursuit u happiness and "
free to develop itself without interfer-
ence or control from other States. pro-
yidei that In so doing IL does not inter
fere with or violate the rights OF other
States.
"3. Every nation is in law and before
the law the equal OF every other state
composing the society of nations. and all
States have the right TO claim and ac-
cording to the Declaration VI lndepend-
ence OF the United states 10 assume
among the Powers of the earth the
separate and equal station to which the
laws of nature and OF natures God en-
title them
THE right to equality IL to he under
stood In the sense in which 1t WAS de-
fined in the following passage from the
decision Of the great English Admiralty
Judge Sir William Scott, later Lord
Stowell. in the case Of the Louis tre-
ported IN . Dodson's Reports. PIP. .lo.
2i3-ii). decided IN 1917:
""The principles of public law are
generally recognized A. fundamental.
One Is the perfect equality and entire
Independence 81 all distinct States
Relative magnitude creates no d'stln'-
ton 81 right relative inbe'liity,
whether permanent or casual. gives no
additional right to the more powerful
n.ighbor: and any advantage seized
upon that ground is mere uSurpatio'i
This is IN" great foundation "f pun
lie law which II mainly concerns the
pcar, OF mankind. both IN their po'''''
and private capacities. to preserve lnVio'
late. The second IL that all NATIONS pc
ing equal. all have an equal risht 10 th'
uniut.rrupted use Of the unappr"pris'@i
psr,s 81 the ocean for their navigation