CHAPTER II. EQUALITY. ARTICLE 16. Equality in rights and rank. 17. National emblems. Equality in rights and rank. 16. All nations are equal in rights.' No distinction in rank between them is permitted." 11 Kent's Com., 21; Klüber, Droit des Gens, § 89. 2 As to the existing distinctions which it is proposed to abrogate as matter of right by this rule, see Bluntschli, §§ 84-98; Ortolan, Régles Int. et Dipl. de la Mer; Fiore, Nouv. Dr. Int., vol. 1, p. 278. National emblems. 17. No nation has a right to appropriate the emblems, title, coat of arms, flag, signals, or uniform, in use and previously appropriated by another nation. Bluntschli, § 82. CHAPTER III. PERPETUITY. ARTICLE 18. Diminution of territory or population. 19. Change in form of government or in dynasty. 20. Anarchy. 21. Double crown. 22. Annexation of one nation to another. 23. Cession or other annexation of part of territory. 24. Division of a nation. 25. Apportionment of property. 26. Apportionment of debts. Diminution of territory or population. 18. Diminution of the territory or population of a nation does not affect its existence, so long as its people have a territory and government, such as is described in article 2. Nor does it affect the rights and obligations of the nation in respect to other nations and their members, except so far as such rights or obligations are necessarily dependent on the territory or population lost. Suggested by Bluntschli, Dr. Int. Cod., §§ 47-50. Change in form of government or in dynasty. 19. A change in the form of its government, or in its dynasty, does not affect the continuity of existence of a nation, or its property, nor does it affect its rights or obligations in respect to other nations or their members,' except so far as such rights or obligations are necessarily dependent on the continuance of the old form of government or dynasty. Lawrence's Wheaton, 39, 52; Halleck's Int. Law, p. 77; 1 Wildman's Int. Law, 68; 1 Phill. Int. Law, 148; 1 Kent's Com., 25. And see Bluntschli, §§ 39-45; and King of Two Sicilies v. Willcox, 1 Simons' Rep., (N. S.,) 301. 1 This rule is especially important in its application to national debts. The only questions of real difficulty, arising under the general rule, are those which spring out of insurrections. These will be treated in the second Book. The King of the Two Sicilies v. Willcox, 1 Simons' Rep., (N. S.,) 301, establishes the principle that where a de facto government has, as such, obtained possession of property, the government which displaces it succeeds to all its rights. 2 For instance, a compact between two republics to protect each other in a republican form of government, would be terminated by the final establishment of a monarchy in one or both. Anarchy. 20. A temporary condition of anarchy does not affect the continuity of existence of a nation. Bluntschli, § 19. As to the effect of a restoration upon the acts of the revolutionary government, see Id., §§ 44, 45; Lawrence's Com. sur Wheaton, p. 214, &c. Double crown. 21. When one nation chooses, or receives by succession, as its sovereign, the sovereign of another nation, it does not thereby lose its independent existence, or its separate relations with other nations, unless it be so provided by the terms of union. Bluntschli, §§ 51, 75. Annexation of one nation to another. 22. Where one nation is annexed to another, so as to form a part thereof, the latter, by the act of annexation, acquires all the rights and becomes bound to fulfill all the obligations of the former. This obligation was fully recognized by the new kingdom of Italy, upon annexing a number of States to Piedmont. Such, also, has been the universal practice where entire States have been annexed by conquest. The United States of America, on annexing the Republic of Texas in 1845, with the consent of the latter, disclaimed all liability for the Texan debt. (See Lawrence, Com. sur Wheaton, p. 211.) The question never arose in any diplomatic negotiation; bnt the claims of the creditors of Texas were felt to be so strong that the United States eventually provided means for their payment, (September, 1850; 5 U. S. Stat. at Large, 797; 10 Id., 617,) without acknowledging any liability, but as part of an agreement by which Texas renounced its claims to certain boundaries. As to the effect of treaty stipulations, see Lawrence, Com. sur Wheaton, p. 210. Cession or other annexation of part of territory. 23. Where part of the territory of one nation is annexed, by cession or otherwise, to the territory of another nation, the latter nation, by the act of annexation, acquires all the rights and becomes bound to fulfill all the obligations which pertained to the former nation, in respect of the territory acquired and its inhabitants and the property therein,' but no others.* 1 See note to last article; Bluntschli, § 47. 2 Id., § 48. Division of a nation. 24. Where a nation is, from any cause, divided into two or more, each portion, by the act of division, acquires all the rights, and becomes bound to fulfill all the obligations, which pertained to the original nation, in respect of the territory in which such portion is situated, or in respect of its inhabitants, and the property therein. And except as otherwise provided in the three following articles, all other divisible rights and obligations must be so apportioned that each portion of the divided nation shall have that share which it would have had without the division; and, until such apportionment, the whole of such rights and obligations adhere to each portion in common with the other portion or portions. See 1 Phill. Int. Law, 157; Halleck, 78; 1 Kent's Com., 25, 26; Terret v. Taylor, 9 Cranch's U. S. Supreme Ct. Reports, 50; Bluntschli, § 49. Apportionment of property. 25. Where a nation is, from any cause, divided into two or more, its property is to be apportioned as follows, unless otherwise agreed : 1. Immovables, appropriated to public use, such as public buildings and establishments, and charitable and religious houses, pass to the portion of the nation holding the territory in which they are situated; and such portion is not bound to make compensation to the other therefor, except where the property served the uses of the population of the other, and they incur new expenses to supply its loss. 2. Ships of war, arms, equipments and munitions, military and naval, must be divided in proportion to the population. 3. Public lands, other than those provided for by subdivision 1 of this article, the public funds, and in general, such national property as serves only indirectly the objects of public utility, form a common fund, which must be divided in proportion to the population, with this qualification, that immovables must always be appropriated to the portion in whose territory they are situated, and their value considered in the partition. See Bluntschli, §§ 56-58. Apportionment of debts. 26. Where a nation is, from any cause, divided into two or more, each portion has the right to have the debts of the original nation provided for from the prop erty of the original nation; and debts not so provided for must be apportioned in proportion to the revenues raised in the different portions of the territory. Bluntschli (§ 59) makes the debts secured by mortgage or hypothecation of immovables rest on that portion of the nation which takes the immovables. We suggest, as a fairer rule, that the common debts be first provided for out of the common property. CHAPTER IV. TERRITORY. ARTICLE 27. "Territory" defined. 29. Adjacent islands. 30. Boundary by a stream or channel. 31, 32. Boundary by inland lakes, &c. 33. Wilderness. 34. Power to determine boundaries. 35. Exception. 36. Injuring boundaries, marks or monuments. 37. Loss of territory, and acquisition of territory. 38. Acquisition by occupation. 39, 40. Extent of occupancy. 41-43. Accretion. 44. Reclaiming land washed away. 45. Ownership of islands. 46. Changes of stream. 47. Transfer or cession. "Territory" defined. 27. The territory of a nation is the land and water which it possesses, or has a present right to possess, as defined and limited by actual and peaceful occupation, by special compact, or by the provisions of this Code. Territory is here used in the sense of sovereignty and jurisdiction, and not in the sense of property; and therefore it is limited by occupation. Ortolan (Régles Int. et Dipl. de la Mer,) distinguishes between: (1.) Ports and Roadsteads; (2.) Gulfs and Bays; (3.) Straits and closed Seas; (mers esclaves ;) and (4.) Parts of the Sea adjacent to the coasts within a certain |