tic. From the point of view of their external relations, states may be classed as either simple or composite. The characterTheir characteris- istic of the simple state is that it has one supreme government, and exerts a single will, whether it be the individual will of a sovereign ruler, or the collective will of a popular body or of a representative assembly. If this characteristic be present, it matters not that the state may be divided for purposes of administration into provinces, departments, communes, or counties, or that it may hold colonies or dependencies, exercising to a greater or less extent powers of self-government in various parts of the world. In this sense the United Kingdom of Great Britain and Ireland, with its widespread possessions, constitutes a simple state. Likewise Russia, with its extensive dominions in Europe and in Asia. France, Italy, the Netherlands, Belgium, Spain, Denmark, Portugal, and Turkey are other examples of simple states. “ (1) SINGLE STATES. The simple state may be either single, i. e., wholly separate and distinct from any other state, or it may be connected with another state by what is called a personal union. The examples given in the preceding section of simple states are also examples of single states. (2) PERSONAL UNION. “Personal union" is the phrase reserved to denote the condition that exists where states, which are wholly separate and distinct, have the same ruling prince. If, as the result of this identity of rulers, or in connection with it, the individuality of the states be permanently merged, or held for a time in suspense, the relation is no longer properly described as a personal union. The example most frequently given of a personal union is that of Great Britain and Hanover from 1714 to 1837. The two states, though they employed the same agent for a particular class of purposes,' remained independent, with separate nationality and separate rights and obligations. Other examples that have been cited of a personal union are those of Spain and the Empire during the reign of the Emperor Charles V., Saxony and Poland from 1697 to 1763, Schleswig-Holstein and Denmark from a Rivier, Principes du Droit des Gens, I. 77. 1773 to 1863, Prussia and the principality of Neufchatel down to 1857, and the Netherlands and Luxemburg from 1815 to 1890. Leopold II., King of the Belgians, in assuming, in 1885, the post of sovereign of the Independent State of the Congo, declared that the tie between Belgium and the Congo was purely personal. By the treaty between Denmark, France, Great Britain, and Russia, signed at London July 13, 1863, for the accession of George I. to the throne of Greece, it is expressly declared (Art. IV.) that in no case shall the crowns of Greece and Denmark be united on the same head. A similar declaration was made in the Peace of the Pyrenees, of November 7, 1659, in regard to the crowns of France and Spain. See Rivier, Principes du Droit des Gens, I. 93-97; Hall, Int. Law, 4th ed. 25-26; 2. COMPOSITE STATES. A composite state is one composed of two or more states. The character of the international person thus constituted depends upon the nature of the act by which the union was created and the extent to which the sovereignty of the component parts is impaired or taken away. For the purposes of international law, composite states are usually classed as real unions, confederacies, and federal unions. (1) REAL UNION. Where states are not only ruled by the same prince, but are also united for international purposes by an express agreement, there is said to exist a real union. Such a union is susceptible of great variation, and its character can be determined in each individual case only by the particular terms of the agreement. The examples most frequently cited of a real union are AustriaHungary and Sweden and Norway. The basis of the present AustroHungarian union is the agreement (Augsleich) of 1867. While the two great divisions of the monarchy have for many purposes separate laws and separate administrative organizations, they have a single minister for foreign affairs, a single minister of war, and a single minister of finance. In foreign affairs the monarchy speaks as one person. The kingdom of Sweden and Norway is sometimes classed as a personal union. Each division has a separate commercial flag and to some extent separate treaties. The United States has a separate extradition treaty with Sweden signed January 14, 1893, and one with Nor a Wheaton, Elements, Dana's ed. 61, § 40. way, signed June 7, 1893. In each case, however, the treaty was made by The United States of America" and "His Majesty the King of Sweden and Norway;" and all the other treaties between the two parties, including the convention of May 26, 1869, in relation to nationality, comprehend Sweden and Norway as one state. The union between the kingdoms rests on the international act of August 6, 1815, by which provision is made for the election, in a certain contingency, of one and the same person as successor to the throne. Rivier, Principes du Droit des Gens, I. 97-99. (2) CONFEDERATION. § 10. Where states associate themselves, in a permanent manner, for the exercise in common of their rights of sovereignty for the general advantage, they constitute a confederation. A confederation differs from an ordinary alliance or league not only in the intention of perpetuity, but also in the possession of some common organization by means of which the will of the component states is ascertained and given effect. Those states, however, retain their internal and, to a greater or less extent, their external sovereignty. Their personality in international law is not destroyed. The act by which they are bound together is called a compact. The association is a band of states (Staatenbund), and not a banded state (Bundesstaat). The common organization, or central power, represents the states, and is controlled by them. It operates upon the states, and not directly upon their inhabitants. It may be enlarged or restrained by the states by means of new agreements. The confederation itself, in spite of the intention of perpetuity, may be denounced and dissolved by the states that compose it. Examples of confederations are: The Empire, after the Peace of Westphalia of 1648; the Germanic Confederation, from 1815 to 1866; the United Provinces of the Netherlands, from 1750 to 1795; the United States of America, from 1781 to 1789. Wheaton, Elements, Dana's ed. 65–77, §§ 44–51; Rivier, Principes du Droit des Gens, I. 99–103. (3) FEDERAL UNION. Where states are united under a central government, which is supreme within its sphere and which possesses and exercises in external affairs the powers of national sovereignty, they are said to form a federal union. "The composite state, which results from this league, is alone a sovereign power." The act by which the union is effected 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 . Virginia, 6 Wheaton, 264, 413, and Knox . Lee, 12 Wallace, 457, 555. Switzerland. In Europe there are examples of federal union in Switzerland and the German Empire. The latter is so classed by pubGerman Empire and licists; 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. |