until it has been recognized by the previously existing states. The time and method of according recognition to a new state is left to each existing state to determine for itself. SECTION 31. DE JURE AND DE FACTO GOVERN MENTS. Another classification of governments is that into governments de jure and governments de facto. The former is the true government of a country (i. e., the true government in the opinion of the person using the expression), and the latter the government actually exercising authority. A perfect government is one which is both de jure and de facto. SECTION 32. EXTENT OF TERRITORIAL JURISDICTION OF A STATE. The jurisdiction of a sovereign state extends over all land within its boundaries, over all rivers, lakes or other bodies of water entirely within its boundaries, over the high seas for a distance of three miles from its coast, and over all bays or inlets on its coast whose mouth is not more than six miles across. The three mile limit was originally adopted because it was believed that this was the extreme range of cannon. The right of any nation to declare any part of the high seas (outside of the three mile limit) a mare clausum, and exclude other nations therefrom, has now been entirely abandoned. In general the authority of a state extends over all persons within its jurisdiction, whether citizens or aliens. In a few cases, however, persons temporarily in a country are allowed an immunity from the laws of such country. "This immunity has been called exterritoriality. The persons and things thus exempt from local jurisdiction are regarded as carrying with them the territorial status of their native state, or as being for purposes of jurisdiction within their own state, territory, and beyond that of the state in which they are geographically. "Wherever they may go they carry with them the territory and jurisdiction of their home state. Doubtless this doctrine of exterritoriality in the extreme form may be carried too far, as many late writers contend, and some have desired another term, as immunity from jurisdiction, as more exact and correct. Such a term would have the merit of directing attention to the nature of the relation which the persons concerned sustain to the state. Hall sums up the cases by saying, 'If exterritoriality is taken, not merely as a rough way of describing the effect of certain immunities, but as a principle of law, it becomes, or at any rate is ready to become an independent source of legal rule, displacing the principle of the exclusiveness of territorial sovereignty within the range of its possible operation in all cases in which practice is unsettled or contested.' Exterritoriality should be viewed as based on the immunities conceded to public persons, rather than as the source of these immunities.'' This right of exterritoriality extends to foreign sovereigns, ambassadors and other public ministers, foreign armies passing through a country with the consent of such country, and foreign battle ships. • Wilson and Tucker on International Law, Sec. 61. CHAPTER IV. FOREIGN RELATIONS. SECTION 34. CONTENTS OF CHAPTER. Under this chapter it is proposed to treat of the diplomatic representatives, through whom the negotiations between different countries are carried on, and the subject of treaties. SECTION 35. DIPLOMATIC REPRESENTATIVES. It was not until near the very close of the medieval period that nations began to keep permanent diplomatic representatives at foreign courts. This custom is said to have originated with Louis XI of France. The practice at first met with great opposition, foreign ministers being looked upon as being in the nature of spies. At first there was no regular system of rules either as to the classes of foreign representatives, their powers, or their relative ranks. Many bitter contests over questions of precedence took place at different European capitals. To remedy this state of affairs the following protocol was adopted by the representatives of the various powers at the Congress of Vienna in 1815: "In order to prevent in future the inconveniences which have frequently occurred, and which may still occur, from the claims of Precedence among the different Diplomatic characters, the Plenipotentiaries of the Powers who signed the Treaty of Paris have agreed on the following articles, and think it their duty to invite those of other crowned heads to adopt the same regulations: DIVISION OF DIPLOMATIC CHARACTERS. ART. 1. Diplomatic characters are divided into three classes; that of Ambassadors, Legates or Nuncios. That of Envoys, Ministers, or other persons accredited to sovereigns. That of Chargés d'Affaires accredited to Ministers for foreign affairs. REPRESENTATIVE CHARACTER. ART. 2. Ambassadors, Legates or Nuncios only shall have the representative character. SPECIAL MISSIONS. ART. 3. Diplomatic characters charged with any special mission shall not, on that account, assume any superiority of rank. DIPLOMATIC PRECEDENCE. ART. 4. Diplomatic characters shall rank in their respective classes according to the date of the official notification of their arrival. REPRESENTATIVES OF THE POPE. The present regulation shall not occasion any change respecting the representative of the Pope. FORM FOR RECEPTION OF DIPLOMATIC AGENTS. ART. 5. There shall be a regular form adopted by each State for the reception of diplomatic characters of every class. DIPLOMATIC AGENTS OF COURTS ALLIED BY FAMILY OR OTHER TIES. ART. 6. Ties of consanguinity or family alliance between courts confer no rank on their Diplomatic Agents. The same rule also applied to political alliances. ALTERATIONS OF SIGNATURES IN ACTS OR TREATIES. ART. 7. In Acts or Treaties between several powers that admit alternity, the order which is to be observed in the signatures of Ministers shall be decided by ballot." This protocol worked badly in one respect, namely, that ministers of the second-class from small countries would often take precedence over ministers from large countries on account of a longer term of service. To remedy this defect, the following additional article was adopted at the Congress of Aix-la-Chapelle in 1818: "ART. 8. It is agreed between the Five Courts that Ministers Resident accredited to them shall form, with respect to their precedence, an intermediate class between Ministers of the second-class and Chargés d'Affaires." After the adoption of this last article it became the custom for small countries to send ministers of the third class instead of the second. The four grades of ministers are as follows: 1. Ambassadors, Legates and Nuncios. 3. Ministers resident. 4. Chargés d'Affaires. The first three grades are accredited to the sovereign. The fourth grade, chargés d'affaires, is accredited to the minister of foreign affairs. |