SECTION 28. BELLIGERENTS.

Belligerents are the inhabitants of a portion of a sovereign state, who are in rebellion against the government of such state, who are in possession of a portion of the territory of such state and who have been recognized as belligerents by at least some of the sovereign states of the world.

SECTION 29. STATES NOT CONSIDERED AS WITHIN THE PROTECTION OF INTERNATIONAL LAW.

Uncivilized communities are considered as entirely without the protection of international law. Even the civilized Asiatic states, with the single exception of Japan, have never been accorded the same rights as those belonging to the European and American countries. For example, Europeans and Americans in such countries have never been held to be subject to the regular civil and criminal courts of such countries, but have been allowed to have all cases in which they are concerned tried by Consular courts.

SECTION 30. RECOGNITION OF NEW STATES.

New states may come into existence either by the peaceable or violent division of an existing state, or by the union of two or more small states to form a larger one. An illustration of the first method is found in the recent separation of Norway and Sweden; of the second in the securing of the independence of the United States; and of the third in the consolidation of the various German states into the German Empire.

A new state does not come fully within the protection of the principles of International Law

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.