The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-01-24

English admiralty Judge, Sir Will
liam Scott, later Lord Stowell, In the
case of the Louis (reported in 2 Dod-
sons Reports, PIP. 21O, 243-4G, de-
cided in 1917.
Two principles Of public law are
generally recognized as fundamental.
One is the perfect equality and en-
tire independence Of all distinct
states. Relative magnitude creates
no distinction Of right; relative lmpe-
cility, whether permanent or casual,
gives no additional right to the more
powerful neighbor; and any advan-
tage seized upon that ground is mere
usurpation. This is the great foun-
dation OF public law, which 1t mainly
concerns the peace of mankind, both
in their polite and private capacities
to preserve inviolate. The second ls'
that all nations being equal, all nave
an equal right to the uninterrupted
use of the unappropriated parts OF
the ocean for their navigation. In
nlaces where no local authority ex-
lists. where the subjects of all states
meet upon footing of entire equal
itv and independence, no one state,
mr. any OF its subjects has right TO
assume or exercise authority over the
subjects of another.
The right of equality is also TO De
understood in the sense in whlch IL
Was stated and illustrated by John
Marshall, chief justice of the supreme
court of the United States, who salo'
in deciding the case of the Antelope,
in 1928 reported in 10 Wheaton's
reports, pages 66-122):
"In this commerce thus sanctioned
by universal assent, every nation naa
an equal right to engage How is thls
right to be lost? Each may renounce
n for its own people; but can thls
reconciliation affect others?
"No principle Of general law is
more universally acknowledged, than
the perfect equality of nations. Rus
sia and Geneva have equal rights. IL
results from this equality, that no
one can rightfully impose a RUE on
another. Each legislates for ltseit'
bnt its legislation can operate on IT.
self alone. A right, then, which is
vested in all, by the consent OF all,
can he Invested only by consent; ana
this (slave) trade, in which all nave
participated, must remain laWtul 10
those who cannot be induced to re-
:, linouish it. AS no nation can pre-
,, scribe a rule for others, none can
make a law of nations; and TINS trai-
fic remains lawful to those whose gov
ernments have not forbidden It..
Passage from Roots Speech.
The right of equality is further to
, he understood in the sense in which
# was expressed and illustrated by
Elihu Root, in the following passage
l from the address which he delivered
in his capacity of secretary Of state
of the United States in the presence
: of the official delegates OF the TWEEN
ty-one American republics, accredited
, to the third Pan-American conference
: held at Rio de Janeiro on July 81,
1906: 49,.
those of peace; for no territory ex-
cont our own: for no sovereignty ex-
cent the sovereignty over ourselves,
, We deem the independence and equal
: rights of the smallest and weakest
member OF the family of nations en-
titled to as much respect as those OF
the greatest empire, and we deem the
observance OF that respect the chief
guaranty of the weak against the OPP
!. preston of the strong. We neither
! claim nor desire any rights or priyi-
: leges. or powers that we do not free
ly concede to every American repub-
lie. eW wish to increase our pros
perity, to expand our trade, to grow
in wealth, in wisdom and in spirit,
but our conception of the true way
TO accomplish this is not to pull down
others and profit by their ruin, but
to help all friends to common pros
! perity and common growth, that we
may all become greater and stronger
together"
". Every nation has the right to
!, territory within defined boundaries
: and to exercise exclusive jurisdiction
+ over its territory and all persons,
whether native or foreign found
\ therein.
i This right is to be understood in
/. the sense in which it was stated by
q Chief Justice Marshall, in the follow
case Of the schooner exchange IRE
! ported In Z Cranch's reports, pages
lie, 1850, decided by the supreme
: court Of the United States in the year
{ 1912:
I Nations Jurisdiction.
q 1.-THE Jurisdiction Of the nation,
!. within its own territory, is necessar-
lily exclusive and absolute; 1t Is sus-