TOPICS AND REFERENCES 1. Nationality in General Moore's "Digest of International Law," vol. III, chap. X. Phillimore, "International Law," 3d ed., vol. I, 443, 444. Oppenheim, 2d. ed., vol. I, 306, 369-374. 2. Citizenship by Birth Taylor, "International Law," 212. Moore's "Digest," vol. III, 276-289. Hall, 6th ed., 221-6. 3. Naturalization Wheaton, 8th ed., Dana, 142, etc. Moore's "Digest," vol. III, 297-358. Holland's "Jurisprudence," 10th ed., 361, 364. 4. Aliens Moore's "Digest," vol. IV, 237; vol. II, p. 79. Wheaton, 8th ed., 5. Domicile in Time of Peace Moore's "Digest," vol. III, 811-835. Hall, €th ed., 238-241, 277. 6. Extradition Moore's "Extradition," 1891. Piggott, "Extradition," 1910. Biron and Chalmers, "The Law and Practice of Extradition," 1903. PART III INTERCOURSE OF STATES IN TIME OF PEACE CHAPTER X THE HEAD OF THE STATE. DIPLOMATIC INTERCOURSE. THE RIGHT OF ASYLUM IN LEGATIONS AND EMBASSIES 92. The Head of the State.-" When a state has an individual head, he is to be considered as a representative, or rather embodiment, of the sovereignty of the state, and he is entitled as a consequence to respectful personal consideration. from the other states of the family of nations and from their representatives. As the object of this consideration is to express the respect due to a sovereign state, any international omission to comply with the customary and proper observances must be regarded as an insult to the state which it has a right to resent."1 Furthermore, as emperor, king, or president he is, as head of the state, the peer legally of the head of any other state and is the organ or supreme representative of the state with respect to foreign and exterior relations. For instance, Napoleon III of France and Francis Joseph of Austria, each exercising of his own right sovereign powers, met and signed the preliminary peace of Villafranca in 1859. The chief agent of a state subordinate to its head in its foreign relations, residing at home, is the person to whom the 1 Snow's "Int. Law," ed. by Stockton, 2d ed., p. 58. immediate and detailed management of foreign affairs is committed. This person in the United States is the cabinet minister who is at the head of the Department of State, and who is known as the secretary of state. Under this agent are other officials or agents, resident in foreign countries, who represent the state in a public capacity, and are known as its diplomatic and consular officials. The secretary or minister for foreign affairs, under the head of the state, is also charged with all affairs with which the members of the diplomatic corps-resident at the seat of government of his country-are concerned. 93. Immunities of the Head of a State.-It has not been an uncommon thing either in past or present history for the sovereign or head of a state to visit another sovereign for purposes of friendship, for discussions of state policy, or for the outlining of important negotiations or alliances. Under these circumstances the head of a state can be considered as being engaged in the highest diplomatic business of the state. Whether a head of the state enters another state for this or any other purpose, he is, as a head of a state, entitled to certain rights and immunities in time of peace between the states concerned, which can properly be mentioned at this time. If the sovereign or head of a state is duly recognized as such he is entitled to be treated, especially by the public functionaries of another state, with consideration and respect and to be addressed with the proper titles assigned to him by his own country. The president of a republic, when he represents the republic, is entitled to the same rank, consideration, and honors as a sovereign. Heads of a state are exempt from the civil and criminal jurisdiction of the country and are entitled to seek redress in the courts of justice of the country for libel upon their character. If, however, they should abuse the hospitality of the state, they may be requested or ordered to depart from its territory without delay. By accepted usage, the movable effects of the head of a state are exempt from the payment of custom duties and from the visitation of custom-house officers. The immunities of the head of a state or sovereign cease with the termination of his office by time, abdication, or deposition. This was the case of ex-President Castro of Venezuela. While travelling abroad in Europe he was deposed after a successful revolution, and upon the recognition of the new government by the countries concerned he ceased to have any immunities. 94. Diplomatic Intercourse. In a previous chapter I have said that the duties of a state include a recognition of the obligations of good faith, of a redress for wrongs, and of goodwill, comity, and courtesy in their intercourse. This, of course, presupposes an intercourse between nations of an official nature as distinguished from personal, commercial, and other intercourse. This official intercourse is known as diplomatic intercourse and is founded upon what is termed technically the right of legation. By the right of legation is generally meant the right of a state to send and receive diplomatic officials for the purposes of negotiation, for the observation of all matters in which the home states are interested, and, finally, for the protection of persons, property, and interests of the country within the territory of the countries to which they are severally accredited. This right of legation existed before modern international law was known. Diplomatic agents or, as they were then generally called, "ambassadors," enjoyed in early days special duties, special protection, and peculiar privileges. They were not, however, permanently placed in the various countries, permanent legation, as we understand it, being unknown until late in the Middle Ages. 66 The use of permanent legation created diplomatic officials, and as Oppenheim says: Although the art of diplomacy is as old as official intercourse between states, such a special class of officials as are now called diplomatists did not and could not exist until permanent legations had become a general institution. In this as in other cases, the office has created the class of men necessary for it."1 The right of legation, as a general rule, extends only to full sovereign states. Other states, such as part-sovereign states and uncivilized peoples, possess the right in a conditional way alone. No state is obliged to send diplomatic agents, although practically all states do send them where the intercourse justifies it. It is, of course, impossible for any state to receive diplomatic agents from two claimants to the headship of the same foreign state. On account of the growth and rapidity of communication between nations caused by railways and steamships, by telephone and telegraph, it has been argued that the use of diplomatic agents has greatly diminished in value, or in minor countries entirely passed away. But, on the other hand, it can be said that this rapidity of communication creates a greater interchange of persons between countries and a greater interweaving of interests, of trade, and of all matters that are capable of transit. As a former secretary of state has well said: "One reason why the value and importance of the diplomatic service are not readily recognized is because its work is carried on quietly and usually without the knowledge of the public. It is almost always the handmaid of peace and good-will. Very many more international controversies are settled by the unobtrusive or secret methods of diplomacy than by either arbitration or war."2 The existence of war between two countries does not excuse a state from receiving an embassy from the other belligerent. Such embassy would be for negotiation but not for other than temporary residence. In the relations with the navy there is independence on both sides in both the diplomatic and naval services. Any |