116 WRIGHT— POSITION OF FOREIGN RELATIONS 



10. The Independence of States. 



Of the various fields to which the independence of a state 

 extends, it is clear that other states would be less aflfected by a 

 state's constitution and form of organization than by the legislation 

 and administration of justice in its territory. Furthermore, each 

 of these would affect other states less than the course of its foreign 

 policy and the interpretation of its international responsibilities. 

 However, history has shown that the constitution and form of or- 

 ganization of states is not a matter of total indifference to their 

 neighbors* and international law does limit the exercise of in- 

 dependence even in this field, but as a corollary to limitations upon 

 the state's external and internal activity. Acts and omissions, not 

 institutions are the primary concern of international law, but the 

 interrelation of the two cannot be ignored. 



For example, international law requires that states, desiring to 

 enter into relations with other states, do so through diplomatic 

 officers exercising powers and enjoying rights and privileges fixed 

 by international law or treaty.^ So also states admitting foreigners 

 to their territory are required by international law to maintain 

 courts acting under a procedure calculated to assure substantial 

 justice.® Where they have not been able to do this, foreign states 



* Note for example the sympathy of the Holy Alliance for absolute gov- 

 ernments and of the United States for popular governments since its founda- 

 tion. (See Greene, Am. Interest in Popular Government, War Information 

 Series, Sept., 1917, No. 8.) " A steadfast concert for peace can never be 

 maintained except by a partnership of democratic nations. No autocratic 

 government could be trusted to keep faith within it or observe its covenants. 

 . . . We are accepting the challenge of hostile purpose because we know that 

 in such a government following such methods, we can never have a friend, 

 and that in the presence of its organized power, always lying in wait to ac- 

 complish we know not what purpose, there can be no assured security for 

 the democratic governments of the world. . . . The world must be made 

 safe for democracy." President Wilson, War Message, April 2, 1917. 



s The classification of these officers as fixed by the treaty of Vienna 1815 

 has been generally accepted. Wilson and Tucker, Int. Law, 7th ed., p. 162. 

 It is recognized that Article II, sec. 2, cl. 2 of the Constitution of the U. S., 

 relating to the appointment of ambassadors and other public ministers, is to 

 be interpreted according to international law. Gushing, Attorney General, 

 7 Op. 190, 192. Infra, sec. 236. 



^ " Nations are bound to maintain respectable tribunals to which the sub- 

 jects of states at peace may have recourse for the redress of injuries and 



