This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. http://books.google.com Atreatiseoninternationallaw 1 \ ' I ' \' ' ' '. I 1 . 1 *• ' \ i !•:■)■.. ' ! s A TREATISE ON INTERNATIONAL LAW INCLUDING AMERICAN DIPLOMACY BY HON. CUSHMAN K. DAVIS Lale Chairman Committee on Foreign Relations, V, S. Senate INTRODUCTION BY HON. HENRY CABOT LODGE, L. L. D. ANNOTATED AND REVISED BY PETER J. HEALY, D. C. L. ST. PAUL, MINN., KEEFE-DAVIDSON LAW BOOK CO. 1901. COPYRIGHT, 1001. RY MRS. CUSIIMAN K. DAVIS. Webb Piiblihhinu Co. Prksk, St. Paul. INTRODUCTION. The lectures contained in this volume were delivered by Senator Davis when many im portant international questions were attract ing the attention of the American people. By legal training, supplementing his natural ability, and hy his experience as chairman of the committee on foreign relations in the United States senate, Senator Davis was em inently qualified to deal with these questions, and, in view of the subsequent action of the United States with respect to the Hawaiian Islands and Cuba, which he here discusses at length, these lectures will be found espe cially interesting and instructive, inasmuch as the United States proceeded along the line of his suggestion. The varying views of the many writers on international law in regard to questions which are not entirely settled tend to confuse the student who is just be ginning the study of this great subject. To such students, therefore, these lectures should 300171 prove of real value, because the general prin ciples laid down are conclusions drawn from a comparison of the best authorities of the present time, and from the history and prac tice of nations in their international inter course. The lectures, omitting all that is merely speculative and theoretical, are to be especially commended for their applicability to present international relations, for their precision of statement, and their comprehen sive definition of terms. The extensive intercourse of the United States with the nations of the earth at the present time, its growing influence as a' world power, and its proximity to contending forces in the Orient, make it peculiarly necessary that every American, and especially the young er man, who desires to act intelligently in re gard to the questions of the day, and thus help to advance the interests of his country, should familiarize himself with the law of nations. Although international law is not embodied in any code, and has no means to enforce its admitted obligations, neverthe less the general diffusion of sound knowledge in regard to it among the civilized people of the earth will do much to bring an intelli gent and well-directed public opinion to bear upon the settlement of questions of great moment which are constantly arising among nations, and thereby, perhaps, to avert war, or to alleviate suffering and oppression. A work too exhaustive in detail is never profitable to the beginner. Fundamental principles, expressed in simple language, will establish in his mind a safe and intelligent basis for thought and action, and will pre pare him for more extensive investigations. As a thorough knowledge of Blackstone, containing, as it does, the fundamental and essential principles of the common law, en ables one to better appreciate the many modi fications that have since been introduced, so a knowledge of the essential principles of in ternational law, as laid down in these lec tures, will prepare a student to deal intelli gently with any questions that may arise. International law, like municipal law, is constantly expanding and advancing, and the recent convention at The Hague gives prom ise of a purpose on the part of the civilized states of the earth to provide means, if pos sible, for the adjudication of differences, un der the dirction of law, instead of appealing at once to the arbitrament of war. The importance of the subject no one can question, and the conclusions and opinions of a man like Senator Davis, who had the rare knowledge which comes, not only from the study of books, but from the practical ap plications of theories and principles, merit the most careful consideration, and ought to be widely read. HENRY CABOT LODGE, TABLE OF CONTENTS. CHAPTER I. OF THE NATURE AND SOURCES OF INTER NATIONAL LAW. § 1. Importance of the subject. 2. Definition of international law. 3. Origin of international law — The Hindus and Egyptians. 4. -The Jews. 5. The Greeks and Romans. 6. Influence of the early church. 7. The peace of Westphalia. 8. The influence of Grotius. 9. The American and French Revolutions. 10. Sources of international law — Treaties. 11. Usage. 12. The moral law, the Roman Civil Law, the Canon Law. 13. Coercive force of international law. CHAPTER II. OF THE NATURE AND TERRITORIAL JURIS DICTION OF THE STATES. i 14. State, definition of. 15. Territorial limits of state. Uight of asylum on ships of war and on mer chant vessels In foreign ports. On hoard merchant ships. Immunity of ships In n foreign port. 16. Exceptions. Jurisdiction over vessels on the high seas with respect to collisions. x TABLE OF CONTENTS. § 17. Equality of states. Acquisition of territory. CHAPTER III. OF THE INTERNATIONAL OBLIGATIONS OF STATES WITH RESPECT TO THEIR CITIZENS AND DENIZENS. § 18. Allegiance. 19. Expatriation. Natural allegiance. Temporary allegiance. Status of American Indians. 20. Extradition. 21. Denizens. 22. Liability for unlawful injury to denizens. CHAPTER IV. OF THE DIPLOMATIC REPRESENTATIVES OF STATES. § 23. Ambassadors. 24. Ministers. 25. Privileges and immunities. 20. Consuls. Manner of sending and receiving ambassadors. The functions of ambassadors ; liow suspended and terminated. Kxpulsion. Klght of asylum in legation. CHAPTER V. OF THE AMICABLE ADJUSTMENT OF INTER NATIONAL DISPUTES. § 27. Treaties. Manner of negotiating treaties. Classification of treaties. Treaties of alliance. Reciprocity treaties. Termination of treaties. Interpretation of treaties. TABLE OF CONTENTS. xi § 28. Meditation. 29. Arbitration. 30. Retortion. 31. Reprisal. Extraterritorial acts by a state in self-de fense. lndependence and self-preservation. CHAPTER VI. OF NEWLY-FORMED OR INSURRECTIONARY STATES, AND THEIR RECOGNITION. § 32. Right of de facto state to recognition. Date of the commencement of a state. 33. Intervention on behalf of insurrectionary state. 34. Recognition of belligerency. Piracy. 35. Recognition of independence. • CHAPTER VII. OF THE ABSORPTION AND ANNEXATION OF STATES. § 36. Right of annexation. 37. Effect on treaties. Change ln form Publlc debts. Treaty of peace, signed nt Krankfort. May 10, 1871. Additional convention to I he treaty of pence of the 10th of May. 1871, between Prance and The Germany, second pence signed of December Paris. Nov. 11. 20, 1871. 181.ri. 38. Hawaii and its annexation. CHAPTER VIII. OF THE NATURE AND CONDUCT OF WAR. § 39. Necessity and benefits of war. xii TABLE OF CONTENTS. § 40. Definition. 41. Effect on treaties and relations. 42. Mode of conducting. 43. Effect on persons of the enemy. 44. Effect on enemy's property. 45. Disposition of prize. 46. Treaties of peace. Principles governing war. Attack of places. Parole. Private contracts. Ownership of goods ln transit. War. Freight. Recapture and restitution. Conclusion of peace. Trent y of peace. CHAPTER IX. OF NEUTRALITY. § 47. Duties of neutral nation. 48. Illustrations. 49. Trade with belligerent. 50. Blockade. Capture in neutral waters. Kmbargo. 51. Visitation and search. 52. Contraband of war. Right to seize beyond the three-mile limit. CHAPTER X. OF THE MONROE DOCTRINE. § 53. History of the doctrine. 54. Statement of the doctrine. 55. Instances of enforcement. CHAPTER XI. THE PROPOSED ARBITRATION TREATY WITH GREAT BRITAIN. TABLE OF CONTENTS. xiii APPENDIX A. THE TREATY OF WESTPHALIA. APPENDIX B. AMERICAN DIPLOMACY. Franklin's mission to France. Conditions after the American Revolution. Washington's farewell address. Departure from the precepts of Washington — The Samoan protectorate. The Clayton-Bulwer treaty. The treaty for the suppression of the slave trade. General observance of Washington's precepts. Washington as a statesman. Thomas Jefferson. The Louisiana purchase. The Monroe doctrine. English attitude toward the Monroe doctrine. The Venezuela case. The invasion of Mexico. Enforcement of the Monroe doctrine. Hawaii. The spirit and influence of international law. APPENDIX C. INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. INTERNATIONAL LAW. CHAPTER I. OF THE NATURE AND SOURCES OF INTER NATIONAL LAW. § 1. Importance of the subject. 2. Definition of international law. 3. Origin of international law — The Hindus and Egyptians. 4. The Jews. 5. The Greeks and Romans. 6. Influence of the early church. 7. The peace of Westphalia. 8. The influence of Grotius. 9. The American and French Revolutions. 10. Sources of international law — Treaties. 11. Usage. 12. The moral law. 13. Coercive force of international law. § 1. Importance of the subject. The subject of international law is one of great extent and complexity ; it is also of daily and surpassing interest in the in creased intimacy of national intercourse. Nations far remote now touch one another i 2 INTERNATIONAL LAW. g 1 where formerly they bad no point of eon- tact. Intelligence is conveyed more speed ily than if it were borne upon the wings of the morning. Relations of all kinds — so cial, monetary, political, and commercial