CHAPTER XVIII INTERNATIONAL RELATIONS Foreign Affairs controlled by the Nation. Under the Articles of Confederation much trouble was occasioned by states regulating their own commercial matters and in not allowing the federal government sufficient power to control all foreign affairs. This was changed by the Constitution. Only Congress can regulate commerce, and states are strictly forbidden to make treaties or alliances, or to enter into political relations with foreign nations, or to declare The executive department and the Senate alone have direction of the government in international affairs. war. 66 Origin and Nature of International Law. The origin of international law, in its present sense, is of comparatively recent date. Lawrence defines it as the rules which determine the conduct of the general body of civilized states in their dealing with one another." 1 In In short, by international law is meant those principles of equity and justice decreed by the common sense of nations in their relations with one another. Some principles of international law date far back to the ancients, especially those relating to the treatment of a foe in time of war. its modern sense, international law owes perhaps most to Hugo Grotius, a famous Dutch writer, who published a book on the subject, in 1625, which has served as the basis for many later works on the same subject. No legislative 1 Lawrence, The Principles of International Law, p. 1. body decrees international law, no executive enforces it, nor, as yet, does any court define it. It has grown up through the traditions and customs of leading nations, and through agreements made in congresses and conferences. It is still in its infancy, but such as it is, it has done much for the peace and comity of nations. Writers on the subject do not make their judgments law. Their inferences and conclusions are quoted by governments in controversies, and thus help to establish right principles of action. Making a Nation. A nation, to have standing in the world's affairs, must have sovereignty sufficient to make and enforce its own laws and prove by its acts its ability and willingness to keep its treaty obligations. When it does these things, it deserves and gets recognition from other nations. Just when a new nation is to be recognized is left to the judgment of individual governments. As many new nations are born through rebellion and revolution, there often arises the question of interference by other governments. If a country is engaged in civil war, it is a maxim of international law that other nations must keep hands off and give the parent state a chance to quell the rebellion. If, after a reasonable time, this is not done, and it becomes evident that the parent government either is wholly unable to put down the rebellion, or attempts such a policy as to shock the moral sense of the world; and if through achievements, the rebels show that they are worthy, foreign nations may recognize them as an independent nation, or may intervene in their behalf, or both. The United States generally pursues the policy of keeping out of the quarrels of other nations, but it has nearly always sympathized with peoples struggling for independence, and has recognized their independence when conditions justified such action. In 1898 the United States felt, for humanity's sake, that it must interfere, and did interfere, in Cuba on the side of the insurgents against Spain. Jurisdiction of and Intercourse between Nations. Grotius asserted that the sea belongs to all who use it. It is clear that any nation must have authority and sovereignty over all the lands and inland waters within its borders. When it comes to jurisdiction over its coast line, should it have one, nations are not agreed, although the three-mile limit from the shore is generally accepted. It is not definitely settled how far a nation's jurisdiction extends over bays, straits, and wide-mouthed rivers. It is generally agreed, however, that where bays and rivers do not exceed ten miles in width at their mouths, the three-mile limit shall be measured from a straight line joining the headlands. A settled course of action is sometimes followed without its being recognized as international law, as is illustrated by the leading nations of Europe in preserving the so-called balance of power, and the United States in maintaining the Monroe Doctrine, neither of which is accepted as a part of the code. Commercial and diplomatic intercourse with a nation cannot ordinarily be forced upon that nation against its will. Whether a nation establishes relations with another is supposed to be optional; but in modern times, when no nation lives unto itself, all countries are almost compelled to allow foreigners the right of travel and trade, the right to hold property and the protection of their laws. When intercourse is once established through treaties, officials are exchanged, and property and life are safeguarded. No nation will repudiate its agreements without grave causes. The United States almost forced China and Japan to make commercial treaties with our government, but, ordinarily, treaties have come about naturally through mutual desire. The United States now has treaties with all civilized and with many semicivilized nations. In all the leading nations, with the exception of China, American citizens are subject, in civil and criminal matters, to the laws and courts of the country in which they reside. Officials exchanged between Nations. Generally, as soon as desires of intercourse are exchanged between two nations, a treaty is made by them through legally appointed agents.. In the United States the treaty may be framed by agents appointed by the President and confirmed by the Senate, or it may be framed by the President and the department of state; in either case it must be ratified by the Senate and signed by the President. The treaty will contain agreements for the exchange of officials, whose duties it will be to look after the interests of each nation and to see that the treaty is properly observed. These officials are of different ranks. In the United States, we send the following officials to foreign countries, named in order of their rank: ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers resident, and, for merely temporary purposes, chargés d'affaires. All these officials are appointees of the President, and as so much depends on the judgment and good sense of our agents abroad, the aim is to get good men and promote them from the lower positions to the higher, and from smaller to larger countries. These officials must not meddle with the politics or government of the government to which they are sent. They may, for sufficient reasons, be expelled from the country to which they have been sent, or a demand may be made for their recall. On the other hand mistreatment of such officials is a grave offense, and has often amounted practically to a declaration of war. These officials communicate to the President through the secretary of state and convey the wishes of the United States to the governments to which they are assigned. They and their property and households are exempt from the laws of the country in which they reside; this being in accordance with international law everywhere. Consuls. Besides the officials above named the United States and other leading nations exchange officials called consuls. Somtimes vice consuls and consular agents, both with consular character, are sent to act for consuls. These men are sent to large seaports or large inland cities as business agents of a government. They are neither representatives of the government, nor diplomatic agents, and have neither the honors nor the freedom of a minister. Sometimes a consul-general and, in a few cases, a consul general at large is appointed to supervise the work of consuls in the country to which they are sent. Recent reforms in the consular service have aided greatly in its efficiency. Consuls must now give all their time to their work, and appointees under them are chosen only through examinations. Duties of consuls are stated in Chapter XII. Some A State of War. - International law requires that nations must give some sort of notice before going to war. times the dismissal of a minister is sufficient, though generally an ultimatum is issued after all efforts at peaceful settlement have failed, or an open declaration of war is made. The United States has, in her wars, nearly always made a declaration beforehand. Again, in all civilized countries, citizens of one of the belligerent nations, who may be |