is called, not a compact, but a constitution. In its external relations, the federal union resembles a real union rather than a confederation. It differs from the former in possessing still greater centralized pow ers, powers which, in their relation to foreign affairs, can, in the case of some federal states, scarcely be distinguished from those of a simple state. It has the exclusive right to enter into general treaties and to make war and conclude peace, although, by its constitution, the component states may exercise certain powers of foreign intercourse, subject to the control of the central government. Its inhabitants have a common citizenship or nationality. If war breaks out between the component states it is civil war, not international. United States of As a type of the federal union we may take the United States. By the Constitution the Congress has power (Art. I., sec. 8) to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; to regulate commerce with foreign nations; to establish an uniform rule of naturalization; to coin money, regulate the value thereof, and of foreign coin; to define and punish piracies and felonies committed on the high seas and offences against the laws of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies, and to provide and maintain a navy. On the other hand, it is provided (Art. I., sec. 10) that no State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; or, without the consent of Congress, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay, The President is invested with power (Art. II., sec. 2), by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; to nominate and, by and with the advice and consent of the Senate, appoint ambassadors, other public ministers and consuls, and (sec. 3) to receive ambassadors and other public ministers. The judicial power of the United States extends (Art. III., sec. 2) to all cases arising under treaties; to all cases affecting ambassadors, other public ministers and consuls; and to all cases of admiralty and maritime jurisdiction. And the Constitution, the laws made in pursuance thereof, and all treaties made under the authority of the United States, are (Art. VI.) declared to be the supreme law of the land, and to be binding on the judges in every State, anything in the constitution or laws of any State to the contrary notwithstanding. "While under our Constitution and form of Government the mass of local matters is controlled by local authorities, the United States, in their relation to foreign countries and their subjects or citizens are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute independence and security throughout its entire territory. The powers to declare war, make treaties, supress insurrection, repel invasion, regulate foreign commerce, secure republican governments to the States, and admit subjects of other nations to citizenship, are all sovereign powers, restricted in their exercise only by the Constitution itself and considerations of public policy and justice which control, more or less, the conduct of all civilized nations." The Chinese Exclusion Case, 130 U. S. 581, 604 (1889), citing Cohens v. Virginia, 6 Wheaton, 264, 413, and Knox . Lee, 12 Wallace, 457, 555. German Empire and In Europe there are examples of federal union in Switzerland and the German Empire. The latter is so classed by publicists; and, although it is complex in structure and presents numerous theoretical difficulties, it has succeeded in practice. The relations of the several States to the Empire and to each other are not wholly regulated by the constitution of 1871. The several States preserve the right of legation; they grant exequaturs to foreign consuls within their territories, although all German consuls are sent out by the Empire; they may enter into conventions with foreign powers concerning matters not within the competence of the Empire or of the Emperor, and within the limits fixed by the laws of the Empire; and they may conclude concordats with the Holy See. On the other hand, by the constitution of 1871, the laws of the Empire are within their proper sphere supreme. There is one citizenship for all Germany, and all Germans in foreign countries have equal claims upon the protection of the Empire. The supervision of the Empire and its legislature comprehends, among other things, the right of citizenship; the issuing and examination of passports; the surveillance of aliens; colonization and emigration; customs duties and commerce; coinage, and the emission of paper money; foreign trade and navigation, and consular representation abroad; and the imperial army and navy. The Emperor represents the Empire among nations; enters into alliances and other conventions with foreign countries; sends and receives ambassadors; and declares war and concludes peace in the name of the Empire, with the proviso, however, that, for a declaration of war, the consent of the federal council is required, except in case of an attack upon the territory of the confederation or its coasts." For the German constitution of 1871, see For. Rel. 1871, pp. 383-393. See for commentary, Rivier, Principles du Droit des Gens, I. 104-108; Calvo, Le Droit Int., cinq. ed. I. 184-187, 187-193, §§ 55, 56–57. 3. NEUTRALIZED STATES. § 12. "A state is neutral which chooses to take no part in a war, and persons and property are called neutral which belong to a state occupying this position. The term has in recent times received a larger application. A condition of neutrality, or one resembling it, has been created, as it were, artificially, and the process has been called 'neutralization.' States have been permanently neutralized by convention. Not only is it preordained that such states are to abstain from taking part in a war into which their neighbors may enter, but it is also prearranged that such states are not to become principals in a war. By way of compensation for this restriction on their freedom of action, their immunity from attack is guaranteed by their neighbors, for whose collective interests such an arrangement is perceived to be on the whole expedient. Switzerland. "As early as 1803 France promised constantly to employ her good offices to procure the neutrality of Switzerland Belgium, Ionian * * * ; and by a declaration confirmed by the Isles, Savoy, Treaty of Vienna, art. 84, it was recited that the European powers acknowledge that the general interest demands that the Helvetic State should enjoy the advantage of a perpetual neutrality;' and such a neutrality was guaranteed to it accordingly. The ninety-second article, confirmed by the Treaty of Paris, 1815, art. 3, and the Treaty of Turin, 1860, art. 2, extended the neutrality of Switzerland to portions of Savoy. * * * "By the treaties of 1831 and 1839 Belgium was recognized as 'an independent and perpetually neutral state, bound to observe the same neutrality with reference to other states.' At the outbreak of the war of 1870, England made treaties with France and Prussia, respectively, with a view to further securing the neutrality of Belgium. "By the treaty of March 29, 1864, art. 2, 'the courts of Great Britain, France, and Russia, in their character of guaranteeing powers of Greece, declare, with the assent of the courts of Austria and Prussia, that the islands of Corfu and Paxo, as well as their dependencies, shall after their union to the Hellenic Kingdom enjoy the advantages of perpetual neutrality. His Majesty the King of the Hellenes engages on his part to maintain such neutrality.” Holland, Studies in Int. Law, 271-272; Rivier, Principes du Droit des Gens, By the treaty of London of May 11, 1867, Art. I, Luxemburg is declared to be a perpetually neutral state under the guarantee of the courts of Austria, Great Britain, Luxemburg. Prussia, and Russia. By Art. X, of the general act of Berlin, of February 26, 1885, the contracting parties bound themselves to respect the Congo. neutrality of the territories of the Congo, including the territorial waters, "so long as the Powers which exercise or shall exercise the rights of sovereignty or protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfill the duties which neutrality requires." August 1, 1885, Leopold II. of Belgium having become the head of the Independent State of the Congo, M. von Estvelde, administrator-general of the department of foreign affairs, informed the United States that the King, the head of that State, had charged him to say, "that in conformity with article 10 of the general act of the conference of Berlin, the Independent State of the Congo hereby declares itself perpetually neutral, and claims the advantages guaranteed by chapter 3 of the same act, at the same time that it assumes the duties which neutrality imposes." Correspondence in relation to the affairs of the Independent State of the Congo, Samoa. By the general act of Berlin, of June 14, 1889, between the United States, Germany, and Great Britain, the Samoan Islands were declared (Art. I.) to be "neutral territory in which the citizens and subjects of the Three Signatory Powers have equal rights of residence, trade, and personal protection." By the convention between the same powers, signed at Washington, December 2, 1899, the general act of June 14, 1889, and all previous treaties, conventions, and agreements relating to Samoa, are annulled." Suzerain and subject. 4. SEMI-SOVEREIGN STATES, AND PROTECTORATES. (1) SEMI-SOVEREIGN STATES. § 13. A state which is not a member of a composite state, but which, while it retains a certain personality in international law, is subject to the authority of another state in its foreign relations, is commonly called a semi-sovereign state. The paramount state is called the suzerain, and its relation to the subject state is described as suzerainty. The extent of the authority or subordination comprehended by this term is not determined by general rules, but by the facts of the particular case. The foreign relations of a subject state may be wholly and directly conducted through the ministry of foreign affairs of the suzerain. It may, on the other hand, maintain diplomatic relations, and, subject to the veto of the suzerain, conclude treaties of all kinds; but, more frequently, its right of initiative, if it possesses any, is confined to a limited sphere; and a consul general accredited to it, though he may also bear the title of agent of even of diplomatic agent, exercises only consular powers. A common example of a semi-sovereign state is Egypt, a tributary and vassal state, under the suzerainty of the Ottoman Egypt, Bulgaria, Porte. It has a hereditary ruler, called the Khedive, who receives investiture from the Sultan of Turkey. In fact the country is occupied and its affairs are practically administered by Great Britain. Transvaal, and other examples. By the treaty of Berlin of July 13, 1878, Art. I., Bulgaria was "constituted an autonomous and tributary principality, under the suzerainty of His Imperial Majesty the Sultan," with "a Christian government and a national militia." By Art. IV. of the convention signed at London, Feb. 27, 1884, between Great Britain and the Transvaal, it was agreed that the South African Republic would "conclude no treaty or engagement with any other state or nation other than the Orange Free State, nor with any native tribe to the eastward or westward of the Republic until the same has been approved by Her Majesty the Queen," and that "such approval shall be considered to have been granted if Her Majesty's Government shall not, within six months after receiving a copy of such treaty (which shall be delivered to them immediately upon its completion), have notified that the conclusion of such treaty is in conflict with the interests of Great Britain or any of Her Majesty's possessions in South Africa." Art. III. of the same convention provided: “If a British officer is appointed to reside at Pretoria, or elsewhere within the South African Republic, to discharge functions analogous to those of a consular officer, he will receive the protection and assistance of the Republic." The South African Republic has, however, now ceased to exist. As to Egypt, the Khanates of Khiva and Bokhara, French Indo-China, Tunis, and Madagascar, see Rivier, Principes du Droit des Gens, I. 86. Treaty of Berlin, For. Rel. 1878, 895, 896. London Convention of 1884, Br. & For. State Papers, LXXV. 5, 10. (2) PROTECTED STATES AND PROTECTORATES. $14. There have been and there now exist various states which are spe cifically designated as protected states. In a sense, it is true, every semi-sovereign state may be regarded as a protected state; and protected states are regularly classed as semi-sovereign; but it is only in certain cases that the nature or origin of the particular relation has caused the suzerain to be generally described as a protector and his office as a protectorate. Nevertheless, the protectorate is capable of every variation, both in substance and in form, of which the suzerain relation, as described in the preceding section, is susceptible; and so |